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WOODROW WILSON 
President of the United States 



HISTORY AND CIVICS 

OF 

NEW MEXICO 



By 

FRANK H. H. ROBERTS, Ph.D., LL.D. 

President of the New Mexico Normal University and Extra 

Mural Professor of University of Denver; Author 

of *' Civil Government of Ohio" and *' Civil 

Government of Wyoming" 



AND 



RALPH EMERSON TWITCHELL, Esq. 

Author of "Military Occupation of New Mexico, 1846-1850," 

* ' The Leading Facts of New Mexican History, ' ' and 

"The Spanish Archives of New Mexico" 



"The History of the World 
is not intelligible apart 
from the Government of 
the World." 

— W. V. Humboldt. 



CHARLES ILFELD CO., DISTRIBUTERS 
ALBUQUERQUE, NEW MEXICO 



The price printed hereon is fixed by con- 
tract hetiveen the publisher and the State 
Board of Education, and any deviation there- 
from should be reported to the Superintend' 
ent of Public Instruction 

Price, $1.00 



Copyright 1914 by Frank H. H. Egberts 



» «. I- 

PRESS 

THK ROBERT O. LAW COMPANY 

CHICAGO, ILLINOIS 

SEP 21 1914 

©CU:]80441 



PREFACE 

Every branch of Knowledge has its own termin- 
ology, which a person must learn if the subject shall 
ever mean anything to him. 

One reason that the average student knows so little 
about Civics is due to the fact that the ordinary text 
takes it for granted that the reader knows the term- 
inology of the subject when he has not the least idea 
of the meaning of the words. 

The purpose of this text is to lay the foundations 
of Civics, which is History crystalized, to acquaint 
the reader with the meaning of words pertaining to 
government, usually found in the papers and heard 
in the ordinary political discussions. 

I owe much to Mr. Ralph E. Twitchell, who has 
furnished the chapters on The History of New 
Mexico. He used his splendid work, "The Leading 
Facts of New Mexican History, " as a basis for these 
chapters. He has read this book and made valuable 
suggestions thereon. 

Superintendent of Public Instruction Alvan N. 
"White has read the pages of this book, checking the 
contents as to subject matter. The author is under 

5^ 



6 Preface 

great obligations to Mr. White for many helpful sug- 
gestions, but the author alone is responsible for any 
errors found in the book, and I will appreciate notice 
of such errors when found. 

I wish to acknowledge my indebtedness to Miss 
Susie Whitaker, who aided me in the preparation of 
this book. 

Frank H. H. Egberts. 
April 1, 1914. 



CONTENTS 

PAGE 

Preface " 5 

Laboratory Method in Teaching Civil Govern- 
ment 9 

Chapter I 
Definitions and Forms of Government 15 

Chapter II 
Great State Papers .* 38 

Chapter III 
Declarations of Rights 51 

* Chapter IV 
Legislative Department 68 

Chapter V 
Powers of Congress 73 

Chapter VI 
Executive Department 84 

Chapter VII 
Judicial Department 102 

Chapter VIII 
District, Municipal and County Officers Ill 

Chapter IX 
Miscellaneous Provisions 121 

7 



8 Contents 

Chapter X page 

History of New Mexico 132 

Antiquity of New Mexico 133 

The First Spanish Explorers 134 

Explorations of Friar Marcos de Niza 136 

Coronado 138 

The Spanish Friars 141 

Exploration of the Rio Grande Valley 145 

Conquest of New Mexico 148 

Pueblo Rebellion and Independence 152 

Spanish Rule, 1693-1822 155 

New Mexico — A Territory of the Republic of 

Mexico 159 

Change in Government and Revolution of 

1837-1838 163 

Texas-Santa Fe Expedition 167 

The Santa Fe Trail 171 

War with Mexico 175 

New Mexico — A Territory of the United States 179 

—The Church in New Mexico 182 

New Mexico During the Civil War 186 

Indian Campaigns 189 

N Spanish-American Land Grants 192 

Recent Events 194 

List of Governors of New Mexico 200 

Declaration of Independence 204 

Articles of Confederation 20? 

Ordinance of 1787 217 

Constitution of the United States 225 

' Constitution of the State of New Mexico 245 

Proposed Amendments (1914) 334 



THE LABORATORY METHOD IN CIVHj 
GOVERNMENT 

FOR TEACHER AND PUPIL 

Thring very pointedly says : ' ' You never forget a 
thing you do, cricket for instance, or even the sitting 
in school. It is part of your life. But your book-work 
is not part of your life. Make it so. You cannot drop 
what hand, foot, eye, or brain have really done, it 
is a part of yourself belonging to hand, foot, eye, or 
brain, but your book-work is shadow-work, a parrot- 
like struggle with words." 

The mistake of depending wholly upon the text- 
book is too commonly made. Teacher and pupil fail 
to realize that abundant material to make this study 
real, a part of their lives, is at hand. It does not occur 
to them that civil government may be studied object- 
tively; that it may become a matter of ''hand, foot, 
eye, or brain." This study is usually considered 
hard, dry and uninteresting, but if advantage is taken 
of the opportunities presented on every hand it will 
be found to be fascinating, rich in thought-producing 
power, a study "that will not let us sleep." 

The aim of the average student of this study is to 
remember the words of the book; to him Civics is 
words, words, nothing but words. 

9 



10 Civil Government of New Mexico 

Before he begins his work he should commit these 
wise and truthful sentences from Thring 's Theory and 
Practice of Teaching: 

"Memory-knowledge as such is absolutely useless. 

"Memory-knowledge as training is worse than use- 
less. 

"Memory-knowledge is often a disguise for mental 
incapacity. 

"Dead lumps of memory are dead. 

"Mind is known by what it puts out. IMemory by 
what it casts in." 

What can be done to change the class from dull list- 
nessness, from the dead grind, to the living, inspiring 
reality ? The answer is found in the experiences of a 
certain class. 

When the class studies about primaries, conventions, 
elections, etc., primaries and conventions are organized 
and all the business of these organizations is trans- 
acted. The extent of the powers of the different 
conventions varies in the political communities; but 
in all, their chief purpose is to choose delegates to 
a higher convention and nominate candidates. The 
class easily learns from some politician what is done 
at a primary or convention, and when it is held by the 
pupils the facts are fastened so permanently in the 
mind that they are never forgotten. A new interest 
in the study of government is awakened. 

The chairman and secretary of the national, state, 
and county executive committees are appointed. The 
national committee holds a meeting and issues a call 
for the holding of conventions in the various states to 



The Laboratory Method 11 

choose delegates to the national convention. Then 
the state committee holds its meeting and issues a call 
to the counties to choose delegates to the state conven- 
tion, and then the county committee holds its session 
and issues a call to the smallest political divisions 
(towns, wards, precincts, etc.) to hold primaries to 
choose delegates to the county convention. 

Then the primary is held, and all the business trans- 
acted in this particular community by a political party 
is brought before it. Each member of the class par- 
ticipates as a citizen. 

When the county convention is held each pupil is a 
delegate from some precinct or other political division. 
If there are more precincts than pupils, each pupil is 
considered the chairman of a delegation and casts the 
whole vote of his precinct, two or more of the smaller 
precincts being combined and assigned to one pupil. 
But if the number of pupils exceeds the number of 
precincts several pupils represent the larger division. 
Delegates to the state convention are chosen, and any 
other business that would come before a regular con- 
vention in the county is transacted. 

In the state convention students representing coun- 
ties choose delegates to the national convention, nomi- 
nate candidates for electors, and perform any other 
acts that would properly come before the regular con- 
vention of the states. 

In like manner the states are allotted to the stu- 
dents who hold the national convention. 

Two tickets are nominated in these conventions, and 
an election is held according to the laws of the state ; 



12 Civil Government of New Mexico 

with this exception, suffrage is limited to the students 
of the schools. 

Without being set any tasks to remember, these stu- 
dents have learned a great deal that is of real value 
to them. During these conventions questions of eligi- 
bility, of parliamentary law, of right and wrong, are 
thoroughly discussed. JMany a real convention is not 
half so exciting as these the pupils hold. 

In studying the powers of congress, a copy of the 
tariff law, a custom house receipt, a tax receipt, 
naturalization papers, certificates of copyright, patent 
papers, passports, etc., aid the teacher and the pupil 
to understand what the book means. If the original 
papers can not be had, blanks may be obtained by 
writing to the proper officers. 

When the class studied naturalization one member 
was appointed judge of the proper court; another 
clerk; and a third was considered a foreigner and 
required to take all the steps of naturalization. Natu- 
ralization became a live, real subject to the class. 
One hundred and twenty questions were asked by the 
members of the class, books were read, and the ditB- 
cult phases of naturalization were intelligently dis- 
cussed. 

The amount of this work done must depend on the 
time and circumstances surrounding the class. iFet 
one period a week during a term will be sufficient time 
to accomplish much more than is suggested here. 
Thus may pupil and teacher live in their work, be 
interested in it, and master it. 

In teaching this book two aims should ever be upper- 



The Laboratory Method 13 

most in the mind of the teacher: First, to give the 
student a proper attitude of mind; second, to give 
the student the precise meaning of words. The stu- 
dent should be anxious to hunt out the truth for him- 
self and should not be satisfied with the many false 
ideas held by some educated people. 

The teacher, who properly assigns the lessons, has 
completed the most important part of her work. Parts 
of this book should be read in class, before the pupil 
is required to study with the idea of remembering 
its facts. 

In assigning the *' Declaration of Independence" 
for a lesson, read it, then read what the book says be- 
fore requiring the pupil to study with the intent to 
remember. In Chapter III, the portions selected from 
the two constitutions should be read by the pupils, — 
one pupil should read a clause in the national constitu- 
tion and another should read the similar clause in the 
state constitution. The differences, if any, should be 
pointed out, definitions should be looked for, either in 
text or the dictionary, and then the lesson should be 
assigned for study and recitation. Frequently the 
quotation from either constitution should be located 
in tlie proper document at the back of this book. 



CIVIL GOVERNMENT OF NEW MEXICO 



CHAPTER I 

'definitions and forms of government 

Science of Clv-1 Government. — The science of civil 
government is the orderly statement of the principles 
of constitutional government, and the workings of its 
institutions. 

Institutions. — The laws, customs and occupations 
of a country are its institutions. 

Politics. — Politics is that part of the science of 
ethics which deals with government, its form, its con- 
stitution and its laws; and its preservation against 
internal and external foes. 

In ordinary language, politics usually refers to 
party strife. 

Sovereignty. — Sovereignty is the unlimited, uni- 
versal power of a state over its individual subjects and 
their possessions. In whom is this unlimited, uni- 
versal power vested? In the ruler or in the people? 
The believer in an absolute monarchy holds that the 
monarch is the state; that whatever privileges the 
people obtain are given by the gracious ruler to his 
people, who have no rights that the monarch is bound 
to respect. On the other hand, the democrat holds 

15 



16 Definitions and Forms 

that this unlimited and universal power rests abso- 
lutely in all the people, and whatever authority is 
exercised by the government has been granted by the 
real sovereign, the people. History proves both of 
these ideas wrong. 

Sovereignty is shared by part of the people and the 
government. "Whenever a person, or collection of 
persons, exercises a power from which there is no 
appeal, real sovereign power, or sovereignty, is exer- 
cised. 

In England, Parliament, composed of the king, lords 
and commons, is the sovereign, since there is no restric- 
tion upon anything it may do. It may pass a law, 
amend the Constitution, or annul every local law in 
the kingdom and no individual or corporation has any 
right that Parliament is bound to respect. Under the 
English Constitution, the people choose a part of this 
sovereign body, the Commons. 

In France, the National Assembly, which is formed 
by both houses of the legislature meeting as one body, 
possesses sovereignty, since it may change the consti- 
tution of the country. 

In the United States the situation is more complex. 
A two-thirds majority of Congress, or a convention 
called by Congress, for the purpose, may submit 
amendments to the constitution, and when a three- 
fourths majority of the legislatures, or conventions, 
of the various states have ratified them they become 
a part of the fundamental law of the land. Then 
Congress, or the National Convention, and the State 
Legislatures, or the State Conventions, when acting 



Kinds of Government 17 

for the purpose of amending the constitution, are the 
sovereign body of the land.* 

In the commonwealths, or states, the question of 
sovereignty is quite as complex as in the nation. This 
unlimited, universal, uncontrolled power of changing 
the fundamental law of the state rests in the legisla- 
ture that may call a constitutional convention or sub- 
mit amendments to the constitution, and in the con- 
stitutional convention that adopts a new constitution 
or adopts amendments to a constitution already in 
force, and in those people who may vote to ratify 
either the proposed constitution or amendments. 

Sovereignty does not rest wdth persons under 
tw^enty-one, nor with women in a large number of 
the states ; and a very large number of illiterate peo- 
ple are excluded by many states ; and the insane, the 
idiots and the felons are excluded everywhere. 

When a state provides for the initiative and refer- 
endum on questions involving amendments to the con- 
stitution, sovereignty is more democratic. 

For the sovereignty to rest entirely in the people, it 
is necessary for the constitution to be amended by 
means of the direct initiative and referendum only. 

Government. — The government of a State or coun- 
try is the organization that is vested with supreme 
political control. Its functions are to make, interpret 
and execute the laws. All governmental acts may be 
classed under three heads — legislative, executive and 
judicial. These functions may be exercised by one 



*See Leacoek's '^Elements of Political Science," Chap. IV. 



18 Definitions and Forms 

man or body of men, or they may be divided among 
several bodies. 

The popular opinion holds that the American gov- 
ernments, state and national, have these three func- 
tions, or powers, apportioned among the three depart- 
ments — legislative, executive and judicial — which are 
separate and distinct from one another, while in fact 
each department exercises these three kinds of power, 
— an absolute separation is an impossibility. 

Either department may check the other two. The 
president or governor, with the veto power, offers a 
check to hasty legislation. The power of the legisla- 
tive branch in matters pertaining to the duties of offi- 
cers, to the fixing of their salaries, and to the right of 
impeachment, puts a restraint upon the executive and 
the judiciary. By its right to inquire into the manner 
in which the officers of the executive department dis- 
charge their duties and its power to determine the 
constitutionality and meaning of a law, the judicial 
department restrains the others. 

But no department possesses coercive power over 
the others. Each department is free within constitu- 
tional limits. 

Government of England. — Theoretically the gov- 
ernment of England consists of three departments: 
the king as chief executive ; parliament consisting 
of two houses, house of commons and house of lords; 
and the judiciary; but practically it has but one 
governmental body, the house of commons. At the 
dictation of the commons, the king chooses the leader 
of the dominant party as prime minister, who then 



Kinds of Government 19 

selects his cabinet from his own party. These officers 
who perform executive acts are responsible to the 
majcrity of the house of commons. 

Yrhen they no longer have the confidence of the 
majority as shown by vote of the members they may 
resign or dissolve parliament, and call a new election. 
If the new commons will not pass a resolution of con- 
fidence or approval, they must resign; hence the real 
executive is subordinate to the popular branch of the 
legislative department. 

The house of commons exercises coercive power over 
the house of lords. When the lords show a disposi- 
tion to refuse to pass a measure, the commons may, 
through the prime minister, threaten to create more 
peers, or to abolish the house of lords entirely, and 
the lords, for self protection, will generally pass the 
measure. The courts have no power to declare a law 
unconstitutional, for the house of commons is omnip- 
otent, ''The whole fulness of popular power dwells 
in it, its will is law," It must be remembered that 
this is the spirit rather than the legal form of the 
English government. (See Bryce's ''American Com- 
monwealth," page 272 fp.) 

Government is either civil or military. The earlier 
governments were often military, the ruler enforcing 
his rule by force of arms. As the citizens of a coun- 
try gain power, the government loses some of its 
military character. When the military is put into 
complete subordination to the part of the government 
that represents the people, the government becomes 
civil, or government by the people. 



20 Definitions xVnd Forms 

The People and the Government. — The people and 
the government are not the same. This fact is readily 
observed in many foreign countries but in our own 
many careless writers and public speakers have failed 
to see the difference. Public opinion has so frequently 
influenced acts of the government that these persons 
have misinterpreted the facts. Those people who 
believe in the initiative and referendum see clearly 
the difference. The people are the creators and the 
government is the creature. 

The voters retain the power to ratify or reject pro- 
posals to amend the constitution or to change the form 
of government. 

The government does not reform nor alter itself. 

THE THREE DEPARTMENTS 

While it is popularly held that the three depart- 
ments of our governments — state and national — are 
separate and distinct, and many of the state consti- 
tutions have declared that an officer of one depart- 
ment should not exercise any of the powers of either 
of the other departments, yet every state in the 
Union has officers each of whom exercise the three 
powers, because it is impossible to make an exact 
distribution of these powers. 

The acts of officers are divided into three classes : 
legislative, executive and judicial. 

Whoever makes or enacts a law exercises legisla- 
tive power. Whoever executes a law exercises execu- 
tive power. Whoever interprets a law or decides 
what is the law exercises judicial power. 



The Three Departments 



21 



The table classifies many of the acts of government : 



JUDICIAL. 

The judiciary an- 
swers tlie questions : 

What is the lawV 

What does the law 
mean V 

Does it conform 
to the constitution V 

lias the law been 
properly executed 
by the executive of- 
flcers V 

Is the accused 
person guilty V 

What penalty 
shall be exacted of 
tlie guilty person V 

Which of two con- 
tending persons or 
parties have the 
law and facts on 
their sideV 

Attainder (the 
act of finding guilty 
and taking away 
certain civil rights) 
is a judicial act. 

The power exer- 
cised by the Senate 
in all cases of im- 
peachment is judi- 
cial. The Senate 
exercises the same 
functions as judge 
and jury exercise in 
cases of indictment. 

Determining the 
particular penalty to 
be exacted for a 
crime that has been 
committed. 

KINDS OP GOVERNMENT 

Aristotle 's ' ' Politics ' ' divides governments into 
two classes. Those governments which consider the 
best interests of their country are called true or nor- 
mal; while those that rule in their own interests are 
called perversions. 



LEGISLATIVE. 

The following are 
legislative acts : 

Levying taxes. 

A p prop r iating 
money. 

Declaring war, or- 
dering soldiers and 
sailors to be en- 
listed and equipped. 

Fixing salaries. 

Ordering build- 
ings to be built, 
harbors to be 
dredged, and ships 
to be constructed 
and the same to be 
paid for and the 
amount to be paid. 

Vetoing or signing 
a bill passed by the 
legislative body. 

Suspending *t li e 
writ of Habeas Cor- 
pus. 

Determjjiing the 
limits of penalties 
to Do exacted for 
criminal acts. 



EXECUTIVE. 

These are execu- 
tive acts : 

Collecting taxes. 

Taking care of 
the money and pay- 
ing it out. 

Enlisting soldiers 
and sailors, equip- 
ping the army, the 
navy and the 
militia. 

Making the inter- 
nal improvements 
ordered by the legis- 
lative power, i. e., 
constructing build- 
ings, roads, wharves, 
ships, dredging har- 
bors, etc. 

The granting of 
pardons, reprieves, 
and commutations 
of penalties. 

Impeaching. 

Indicting. 

Appointing. 

a. Nominating. 

b. Confirming. 

c. Commissioning. 

Prosecuting per- 
sons accused of 
criminal acts. 



The Normal Governments 

1. The kingship or monarchy. 

2. 'J'he aristocracy. 

H. The polity, the rule of the 
majority. 



Corresponding Perversion 

1. Tyranny or despotism. 

2. Oligarchy. 
;{. Democracy. 



22 Definitions and Forms 

When Aristotle wrote his ''Politics" the democracy 
of Athens had become so corrupt that he uses the term 
polity for the rule of the majority when exercised in 
the interest of the people; and applies the term de- 
mocracy to the perversion of majority rule. But now 
democracy is used instead of polity and its perversion 
is called ochlocracy and even anarchy. 

The modern divisions are: — monarchy, democracy 
and republic. 

These, like the divisions of Aristotle, are incom- 
plete, since there are states that do not come under 
any of these forms. 

States are like the oaks, they grow, they flourish 
in the worst of storms, they decline, they die and 
are forgotten ; a set of terms that accurately 
describes their condition or character during any age 
of their history is inadequate in any other age, 
because the conditions have changed but the terms 
persist. 

In 1790 Mirabeau declared, ''In a certain sense 
republics are monarchical, and again in a certain 
sense monarchies are republics." 

In 1814 Schleirmacher maintained that "The terms, 
monarchy, aristocracy and democracy are always run- 
ning into each other." 

new terms proposed 

The following terms are proposed as more nearly 
expressing the present facts of government than those 
that have the sanction of historical use: 

1. Hereditary, a government in which the chief 



New Terms Proposed 23 

offices are reserved for those of noble birth; e.g., 
Russia. 

2. Elective, a government in which the chief 
officers are elected, and the others may be elected or 
appointed; e.g.. United States, Denver, Santa Fe 
and New Mexico. 

3. Mixed, a state in which some of the offices are 
filled by election and some by birth. England is an 
excellent example of this form ; there the kingship 
and membership in the house of lords are hereditary, 
while membership in the house of commons is secured 
by election. 

At present, monarchical, aristocratic and demo- 
cratic are terms that describe the spirit rather than 
the form of a government. Governments are pendu- 
lums making irregular vibrations through the arc, — 
monarchy, aristocracy, democracy and anarchy. 

The government of France swung through the en- 
tire arc from the time of Louis XIV, who declared 
himself to be the state, to the Reign of Terror, a 
period covering less than a century, and has been 
making fitful and irregular vibrations toward the 
extremes of the arc to the present time. 

In its history our government has made swings be- 
tween anarchy, represented by the extreme states- 
rights doctrine, and monarchy, represented by extreme 
nationalism, but neither extreme has ever prevailed 
and it now swings along an aristocratic-democratic 
arc. These terms are used in their best sense ; the 
aristocratic tendencies are seen in the conservatism 
of the American voter. Often the minority has been 



24 Definitions and Forms 

allowed to govern. Historians are agreed that the 
federalist party was always the smaller party ; because 
of the American voters' conservative nature it was 
allowed to govern the country until 1801. The con- 
servatism of the American voter is apparent through- 
out our history. 

Another evidence of aristocratic tendencies can 
be found in the educational qualifications required in 
many states. 

The democratic tendencies are seen in the exten- 
sion of suffrage to women, the growing use of the 
initiative and referendum, and the increasing influ- 
ence of public opinion on legislative acts. 

]\Iany writers would accept the statement made 
above, but would apply to the expression "aristocrat- 
ic-democratic" its very worst meaning and believe 
it true. 

A monarchy is a government in which the supreme 
power is vested in one person, w^hose will is law, who 
is the chief executive officer, and the highest judge 
of the land. Russia, China and Turkey are real mon- 
archies. England approached a true monarchy in 
the eleventh and twelfth centuries, but in 1215 the 
monarch was compelled to surrender part of his power, 
and at different periods other rights were wrested 
from him, until to-day England is a democratic-mon- 
archy. 

But the power of monarchy may be exercised by the 
government in a republic. James Madison wrote in 
the Federalist, ''The accumulation of all powers, leg- 
islative, executive and judiciary, in the hands, whether 



Kinds of Government 25 

of one, a few or many, and whether hereditary, self- 
appointed or elective, may justly be pronounced the 
very definition of tyranny," which is the perversion 
of monarchy. 

While France has an elective presidency, ' ' the citi- 
zens considered as individuals, have no sort of security 
against possible excess of the administration towards 
them; it has been and may again become an instru- 
ment of despotism." Here is the true monarchical 
spirit. 

A republic is a government in which the chief 
executive is chosen by electors, who are composed, in 
some states, of a majority of the voters of twenty- 
one years of age and over, and in others, of a selected 
few. In America the chief executive has been called 
president, governor, mayor, etc., while in European 
republics he has been called president, doge, gon- 
falonier, and even king. In Florence the term of 
office was two months ; and in Sparta, which was an 
aristocratic republic, the two elected kings served for 
life. 

That a government is said to be republican in form 
is no evidence of the freedom of the people. There 
are many modern republics that concede but a vestige 
of freedom to the subjects. 

No one has understood this fact better than Mr. 
Madison, who wrote as follows: "Holland, in which 
no particle of the supreme power is derived from the 
people, has passed almost universally under the domi- 
nation of a republic. The same title has been be- 
stowed upon Venice, where absolute power over the 



26 Definitions and Forms 

great body of people is exercised in the most abso- 
lute manner by a small body of hereditary nobles." 

He defines a republic as ''a government which 
derives all its powers directly or indirectly from the 
great body of the people, and is administered by per- 
sons holding their offices during pleasure, for a lim- 
ited period, or during good behavior." 

A democracy is usually defined as a government 
by the people, or one in which the people perform all 
the functions of government. If this definition is 
true, no democracy ever existed or ever wdll; it is 
a principle, rather than a kind, of government. In 
the early history of governments, petty states were 
governed by chiefs, or kings, who were supposed to 
rule by divine right, but when democratic principles 
began to prevail this idea was displaced by the doc- 
trine that the most powerful and influential should 
rule ; but in the complete triumph of democracy it is 
held that rulers obtain their right to govern by the 
suffrage of the people. In the present democracies, 
the people make the laws but leave their execution 
to some selected officer. This is true of the New 
England ''town meeting," where all the citizens of 
a township meet to discuss and vote upon questions 
of taxation, schools, roads, the care of the poor, and 
any other subject of local interest, but they leave 
the execution of their sovereign will to officers elected 
by them at this meeting. In any democratic country, 
slavery cannot exist; imprisonment for debt and the 
restriction of suffrage for any reason other than crime 
and imbecility are impossible. Since Athens, in her 



Kinds of Government 27 

boasted age of democracy, had 20,000 voters and 
400,000 slaves, she was only an aristocracy, governed 
by Pericles, king by common consent, although not 
holding the title. A government in which all the 
people choose representatives to carry out their will 
as expressed in their platforms is a representative 
democracy or republic. 

Those states, among them Wyoming, Idaho, Colo- 
rado, Utah, Arizona, Washington and California, that 
have extended the right of suffrage to women, have 
done so believing that the true principles of democ- 
racy demanded the concession. These are the most 
democratic states of the Union. 

Uni, Unterwalden, Glovis and Appenzell are 
democratic cantons of Switzerland. Here legisla- 
tion is proposed and enacted by the people in mass 
meeting. 

Oligarchy. — An oligarchy is a government in 
which the eligibility to office is restricted to a few, 
who may be the best or the worst citizens. When the 
best rule the state, the government is called an Aris- 
tocracy. In ordinary language an aristocracy is a 
country ruled by the rich without regard to other 
qualifications ; historically such a government is called 
a Timocracy. 

Empire. — An empire may be either a monarchy, 
a democracy, or a republic. An empire has a power- 
ful central government, and a variety of governments 
subordinate to the general government, extent of ter- 
ritory and a commanding influence on the destinies 
of other nations. 



28 Definitions and Forms 

Is the United States an Empire? — The United 
States is more than fifteen times the size of the Ger- 
man Empire ; it is composed of states, territories and 
colonies; it has a powerful central government, and 
the history of the Monroe Doctrine will show that it 
has exercised a very great influence on the destinies 
of other American republics. 

''No constitution ivas ever before so well calculated, 
as ours, for extensive empire and self-government/ ^ 
— Jefferson to President Madison in 1809. 

''The fabric of American Empire ought to rest on 
the solid basis of the consent of the people." — Hamil- 
ton in the Federalist. 

Law. — The law of the United States is composed 
of rules and regulations, statutes, common law, trea- 
ties, and the constitution, to which the first four must 
conform. 

The law of the state is composed of rules and regu- 
lations, statutes, common law% and the constitution, 
to which the first three must conform. 

The constitution is the fundamental law, formu- 
lated in America by the representatives of the people, 
by whom it is then ratified. While in some other 
countries the constitution has been "elaborated by 
every-day experience. ' ' 

A statute is a law enacted by the legislative branch, 
and the chief executive. 

Treaties are solemn engagements between independ- 
ent governments, in which each government agrees 
to conform to certain limitations in her conduct 
towards the other nation. The only w^ay to enforce 



Law 29 

treaty rights is by war. The states have no right to 
negotiate treaties. 

^'The common law includes those principles, usages 
and rules of action applicable to the government and 
security of person and property which do not rest 
for their authority upon any express and positive 
declaration of the will of the legislature." — Chan- 
cello?' Kent. 

The American common law is based on English 
common law, which Sir Mathew Hale declared to be 
"the wisdom, counsel, experience and observation of 
many ages of wise and observing men." 

Rules and regulations are made by executive officers. 
The legislative branch frequently passes, a law ex- 
pressed in general terms and authorizes some execu- 
tive officer to make rules and regulations carrying 
into effect the law. A visit to the Postmaster and an 
examination of his book of laws and regulations will 
show the student the importance of this kind of law. 
In the early thirties John C. Calhoun made a great 
speech in Congress against "executive legislation." 
In the states various officers not belonging to the 
legislative department are authorized by the legisla- 
tive branch to make rules that have the force of law. 

Who makes the law? 

The constitution: Usually a convention adopts the 
constitution and the people ratify the same before it 
becomes the universal law of state or nation. 

Yet the first constitution of Ohio was adopted by 
a convention and was accepted by general consent 
without an election. And in Kentucky the convention 



30 Definitions and Forms 

of 1890, and in Virginia the convention of 1892, 
adopted constitutions which were not submitted to 
the people but were promulgated as the fundamental 
laws of those states. To promulgate a constitution 
is to put it into force directly. 

Treaties: Treaties are negotiated by the president 
and ratified by a two-thirds majority of the members 
of the senate present, provided that a quorum is 
present. States are not permitted to make treaties. 

Statutes: Statutes are the combined work of the 
chief executive and the two houses of the legislature 
or of Congress, 

Both in the nation and this state there are three 
parts to the legislative branch, — the chief executive, 
the senate and the house of representatives. No bill 
can become a statute without the affirmative vote of 
the senate and the house, but if the chief executive 
votes no, that is, vetoes the bill, it is returned to 
the house in which it originated, where it is again 
considered. If it receive a two-thirds majority, it is 
sent to the other house where it is again considered. 
If it receive a two-thirds vote here, then it becomes 
a law. This is called passing a law over a veto. Yet 
no bill can become a law unless it is acted upon by the 
executive in his legislative capacity. 

The common law: The courts by their customs 
in dealing with cases create the common law. 

Rules and regulations : These are made by execu- 
tive officers and often issued as proclamations. The 
class should ask the postmaster to see his book of 
laws and regulations and pick out which are statutes, 



Referendum 31 

passed by Congress, and which are rules made by 
the postmaster-general. 

The President as a law-maker: The President 
makes law in his own right, or it is made in his name. 
For example, the organic law of the territory of 
New Mexico proclaimed by General S. W. Kearney 
on September 22, 1846, and the early laws of the 
Philippine Islands, the enacting clause of which reads : 
"By the authority of the President of the United 
States, be it enacted." 

The President and the Senate make treaties: The 
President, the Senate and the House of Representa- 
tives enact statutes. 

The President makes rules and regulations that 
have the binding force of law. 

THE INITIATIVE AND REFERENDUM 

While these terms are constantly joined in political 
discussion the student must understand that one may 
exist without the other. The tendency of today is to 
adopt both, yet the initiative is considered by far the 
more important by many Swiss reformers. 

REFERENDUM 

Definition: ''The referendum is the right of the 
people to decide on certain laws or measures which 
have been passed by the legislative body." 

Compulsory referendum requires either a certain 
class of laws, or all laws, to be submitted to the qual- 
ified voters for their approval or rejection. 

Optional referendum leaves it to the discretion of 



32 Definitions and Forms 

the legislature whether or not a law shall be referred 
to the people. 

Referendum on petition. Under this form a law 
is not submitted unless a certain percentage of the 
voters petition for its submission. 

The three forms have been used in America. 

The principle of the referendum has been in use 
from Colonial days. Constitutions have been amended 
and even adopted by its use. State legislatures have 
required a referendum vote in counties or school dis- 
tricts before buildings could be built or certain taxes 
could be levied. ''Local Option Laws'' provide for 
a referendum vote. About 1890 members of the 

Knights of Labor and of the Farmers' Alliance 
began to urge the adoption of state-wide referendum, 
and in 1892 the People's Party, in their national 
platform, declared for the "legislative system known 
as the initiative and referendum." 

In 1898 South Dakota adopted both the initiative 
and referendum, but made no use of the same until 
1908. 

Since then many states have adopted state-wide ini- 
ative and referendum. 

The method of procedure varies with each state, 
but the purpose is ever the same, to give the people 
an opportunity to have a larger share in the mak- 
ing of their laws. 

The United States Constitution makes no provision 
for the referendum in cases of ordinary laws, but all 
amendments to the constitution must be referred to 
states for action. 



Initiative 33 

In New Mexico '/The people reserve the right to 
disapprove, suspend and annul any law enacted by 
the legislature, except general appropriation laws; 
laws providing for the preservation of the public 
peace, health or safety; for the payment of the 
public debt or interest thereon, or the creation or 
funding of the same, except as in this constitution 
otherwise provided; for the maintenance of the pub- 
lic schools or state institutions, and local or special 
laws." 

If petitions disapproving of any law, not in the ex- 
cepted class, enacted hy the preceding session of the 
legislature are filed with the Secretary of State not 
less than four months prior to the next general elec- 
tion, he shall submit the question of the approval or 
rejection of such law to the voters at the next general 
election, provided that said petitions are signed by 
not less than ten per centum of the voters of each 
of three-fourths of the counties and in the aggregate 
by not less than ten per centum of the qualified voters 
of the state. 

If the majority of the votes cast thereon are cast 
for the rejection of said law, it shall be annulled and 
thereby repealed, provided that said majority is forty 
per centum of the total number of legal votes cast 
at such election. 

INITIATIVE 

Legislative initiative is the right to propose legis- 
lation. 

Popular initiative is the right of the people to pro- 
pose legislation by petition. 



34 Definitions and Forms 

Optional initiative requires the legislature to con- 
sider and vote upon any bill presented to it by a 
body 'of petitioners. 

Compulsory initiative requires the legislature to 
vote affirmatively upon any bill presented to it by the 
petitioners. 

Direct initiative enables the people to frame a bill 
and have it voted upon by themselves without the 
intervention of the legislature. 

Although the initiative dates from revolutionary 
times it has been considered hy American reformers 
of less importance than the referendum. 

The initiative does not exist in New Mexico. 

THE RECALL 

The recall is the power retained by the people to 
compel an officer to submit to a new election or rejec- 
tion by the voters before the expiration of his term 
of office. 

The officer is compelled to submit his case to the 
voters when a required percentage of them sign a 
petition demanding that he be recalled. If on the 
holding of an election the majority is against him 
he must vacate his office at once. 

The percentage of signers required to recall an 
officer varies in the different states. There is no recall 
in New Mexico. (Eead the first paragraph of Article 
V of the ''Articles of Confederation.") 



Foreign Representatives 35 

the recall of decisions 

This is one of the recently proposed ideas in gov- 
ernment. If the supreme court declares a law uncon- 
stitutional, the recall of decisions would allow the 
people to petition that the question be submitted to 
them, and if a majority voted for the measure, it 
would then be constitutional. 

There are many people who would apply the recall 
to all decisions of all courts. 

FOREIGN REPRESENTATIVES 

There are two classes of foreign representatives: 
diplomatic and. commercial. 

Diplomatic Officers. — The diplomatic officers are 
of three grades: ambassadors, ministers and charge 
d'affaires. The difference consisting of dignity and 
rank. They reside at the capitals of the countries 
to which they are accredited and have charge of 
political questions that may arise between their nation 
and the ones to which they are accredited. 

The United States sends ambassadors to Great 
Britain, France, Germany, Italy, Japan, Mexico, 
Russia, Brazil, Turkey and Austria-Hungary. The 
salary of each is $17,500. 

Louis XI kept spies at most of the neighboring 
European courts to inform him of their proceedings. 
But Ferdinand (1452-1516) who ruled Spain fifty- 
two years accomplished the same result in a more 
honorable way. He established resident embassies 
which greatly facilitated commercial intercourse and 



36 Definitions and Forms 

perpetuated friendly relations by leading to the settle- 
ment of difficulties by negotiation. 

Ministers are sent to smaller countries. The United 
States has thirty-one ministers. Their salaries vary 
from $10,000 to $12,000. 

A charge d'affaires takes the place of an ambassa- 
dor or a minister during his absence. 

When the ambassador is sent to negotiate some spe- 
cial treaty, he is called ambassador extraordinary. 
Corresponding to the ambassador extraordinary is the 
minister plenipotentiary. 

The United States designated their chief repre- 
sentatives by no higher title than envoy extraordi- 
nary, and minister plenipotentiary until 1893, when 
Congress authorized the appointment of ambassadors. 

A Nuncio is an ambassador from the Pope to a for- 
eign court. 

Commercial Officers. — The Commercial representa- 
tives are divided into consuls, general consuls, vice- 
consuls, deputy consuls, consular assistant and con- 
sular agents. 

These officers are sent to manufacturing cities and 
important business centers. They inspect the invoices 
of all cargoes that are to be shipped to their countries. 
They are expected to protect the person and property 
of fellow country-man while in their consul or juris- 
diction. 

The consul dates back to ancient Greece. 

Federal government. — A federal government is 
based upon states as units. It deals entirely with 
the states, which are equal in power. When it wants 



Kinds of Government 37 

money, it asks the states for it. The United States 
under the Articles of Confederation was a federal 
government. Congress could levy taxes, but could not 
collect them; could vote to raise an army, but could 
not enlist a man. James Wilson was the author of 
the term Federal Republic. 

As an example of a federal constitution the student 
should study the Articles of Confederation. 

National government. — A national government is 
based upon the people, and state lines are obliterated. 
]\Ir. Madison, the father of the constitution, wrote : 
"The constitution is, in strictness, neither a national 
nor a federal constitution, but a composition of both. 
In its foundation it is federal, not national; in the 
sources from which the ordinary powers of the gov- 
ernment are drawn it is partly federal and partly 
national; in the operation of these powers it is na- 
tional, not federal; in the extent of them, again, it 
is federal, not national ; and finally in the authorita- 
tive mode of introducing amendments it is neither 
wholly federal nor wholly national. ' ' 

National features of the Con- Federal features 

stitution Each state is guaranteed one 

The menibors of the house of representative iu the lower 

representatives arc apportioned liouse and two in the upper, 
to the several states according 1'he senators who are elected 

to population, and they are by the people represent the state, 
elected directly by the people But it is limited to the extent 

whom they represent directly. of its powers, the state has 

The government acts directly, charge of all local interests, 
upon the people in the executioia But every state has at least 

of its laws. three votes in the electoral col- 

In the electoral college, which lege. This gives the small 

chooses the president, the larger states much greater power than 

states have votes in proportion they would possess in a purely 

to their population. national government. 



CHAPTER II 



GREAT STATE PAPERS 



The pupil should know four or five great state 
papers, such as the Declaration of Independence, the 
Articles of Confederation, the Ordinance of 1787, 
the National Constitution, and the State Constitu- 
tion. 

' THE DECLARATION OF INDEPENDENCE 

Read the Declaration, which may be found in the 
back of the book, and then study the following anal- 
ysis and at the recitation read and discuss para- 
graphs one, two, thirty-one and thirty-two. 

When you have read paragraph two read sections 
two, three and four of the Bill of Rights of the 
Constitution of New Mexico. 

Commit to memory the preamble and paragraph 
two. 

On July 2, 1776, the Continental Congress de- 
clared "That these United Colonies are, and of 
right, ought to be Free and Independent States; and 
that they are absolved from all allegiance to the 
British crown, and that all political connections 
between them, and the State of Great Britain, is, 
and ought to be, totally dissolved." 

On July 4, was passed a declaration that gave the 
reasons for this action of July 2. This document 

38 



Declaration of Independence 39 

was prepared by Thomas Jefferson. The following is 
a rough analysis of this great state paper : 

Paragraph 1. Preamble. 

Paragraph 2. Political doctrine. 

Paragraphs 3-30. An arraignment of the King. 

Paragraph 31. A justification of Colonial acts. 

Paragraph 32. The declaration. 

The principles enunciated in the second section 
are very old. They are five in number, as follows : 

1. *'A11 men are created equal." The basis of this 
doctrine was taught by the Stoics, Greek philosophers 
who lived about 308 B. C. 

' 2. ' ' That men are endowed with certain inalienable 
rights." Socrates, born 469 B. C, suggests this doc- 
trine. Cicero (106-43 B. C.) developed both the 
above doctrines. 

3. ''Governments are instituted among men." 
Here is an indefinite statement of the Social Con- 
tract Theory of the origin of the government which 
was so popular in 1776. This doctrine originated 
with Protagoras and the Sophists between 481 and 
411 B. C. 

4. Government derives its "just powers from the 
consent of the governed." 

5. The right of revolution; the right of people to 
alter or even abolish their government. Doctrines 
4 and 5 were taught by St. Augustine (354-530 
A. D.). 

For ten centuries these doctrines were discussed 
by great writers; and they were generally believed 
by the people of the colonies. 



40 Great State Papers 

Sections 3 to 29 are copies largely from Virginia's 
declaration of independence, probably written by 
George Mason and adopted by the Virginia Conven- 
tion June 15, 1776. 

Great credit is due Washington and Samuel Adams 
for creating public sentiment in favor of a declara- 
tion ; to Jefferson for expressing the belief of his time 
in a masterly great document ; and to John Adams 
for securing its adoption by Congress. 

THE articles OF CONFEDERATION 

Independence made some form of government nec- 
essary. 

June 7, 1776, Richard Henry Lee moved the Inde- 
pendence of the "United Colonies" and "that a 
plan of Confederation be prepared and transmitted 
to the respective colonies for their consideration and 
approbation." On June 12 a committee was ap- 
pointed to prepare a constitution for the federal 
government. Just one month later, July 12, a draft 
of a constitution was presented to Congress for its 
approval. It was debated until November 15, 1777, 
when, in its amended form, it was adopted and sub- 
mitted to the states for ratification. The states dis- 
cussed it for nearly four years, when it was ratified 
by Maryland and went into effect March 1, 1781. 

Virginia, New York, Connecticut and other states 
owned land between the Ohio and the Mississippi 
rivers, and Maryland would not ratify the proposed 
federal constitution until this land was ceded to 
the general government. 



Ordinance of 1787 41 

Read the definition for ' ' Federal Government ' ' and 
then Article V of the Articles of Confederation. 

Find the answers to the following questions by 
reading the Articles : 

1. What kind of government was formed ? 

2. How were the officers chosen? 

3. How did the general government obtain money 
to pay its expenses? 

4. How were soldiers secured? 

5. Did the general government have any real 
power ? 

6. Could the general government levy and collect 
taxes ? 

7. Was there a chief executive? 

8. Find three prohibitions on the states. 

9. Who paid the salary of the members of Con- 
gress ? 

ORDINANCE OF 1787 

The famous ordinance of 1787 was promulgated 
by the congress of the confederation for the govern- 
ment of the northwest territory. 

The government erected was a foreign one, very 
aristocratic in form; the inhabitants, from 5,000 to 
10,000 Frenchmen, were not consulted about its form 
or its erection. The governor had extensive power. 
He was appointed by Congress for a term of three 
years and was required to possess 1,000 acres of land 
lying in the district. 

He was given the following powers, for the exer- 
cise of which he was responsible to Congress alone: 



42 



Great StxVte Papers 



Legislative 

The governor and the three 
judges formed the legislative 
branch of the government. 

But the legislature was re- 
qui] ed to choose its laws from 
the statutes of other states. 

He established counties and 
townships by proclamation. 



Executive 

He was commander-in-chief 
with power to appoint all oflS- 
cers below the rank of general 
officer. 

He appointed all county and 
township officers until the na- 
tional legislature had convened 
and provided for their elec- 
tion. 

He was entitled to exercise 
all ordinary executive powers. 



The judges, three in number, were each required 
to possess 500 acres of land lying in the district and 
were appointed by Congress to serve during good 
behavior. Their judicial powers extended to a com- 
mon law jurisdiction. 

Their legislative power has been given under the 
legislative power of the governor. 

A secretary was appointed by Congress to report 
the acts of the government to Congress. He served 
four years. 

The governor had no judicial power and the judges 
had no executive power. This form of government 
lasted ten years (1788-1798), before there was a 
change. The ordinance had provided that a terri- 
torial legislature should be established as soon as 
there were "five thousand free male inhabitants of 
full age in the district." 

The legislative department was to consist of three 
branches, — (1) The general assembly, composed of 
members elected by the people, to serve two years; 



Ordinance of 1787 43 

(2) the council, chosen in the following manner : The 
general assembly nominated ten men and Congress 
chose five from the number; these five formed the 
council and served five years; (3) the governor. 

A bill originated in the assembly and if passed it 
was sent to the council, and if it passed this house 
it was sent to the governor, who might sign it or 
exercise absolute veto power. 

The governor had power to convene, prorogue, and 
dissolve the general assembly. 

Two immortal sentences that have vastly influenced 
legislative acts and public opinion are found in this 
remarkable state paper, the Ordinance of 1787 : 

"Religion, morality and knowledge being necessary 
to good government, and the happiness of mankind, 
schools and the means of education shall forever be 
encouraged. ' ' 

''There shall be neither slavery nor involuntary 
servitude in said territory, otherwise than in the pun- 
ishment of crime, whereof the party shall have been 
duly convicted." 

It seems strange that men that had declared taxa- 
tion without representation unjust and tyrannical 
should enact into law this sentence: "The inhab- 
itants and settlers in the said territory shall be sub- 
ject to pay a part of the federal debts contracted or 
to be contracted." 

August 7, 1789, the President, George Washington, 
approved an act that gave him the same power over 
the northwest territory that had been held by the 
Congress of the confederation. 



44 Great State Papers 

the constitution of the united states 

The United States tried one constitution, ''Tlie 
Articles of Confederation," which proved a failure. 
Several amendments were submitted to the states 
and rejected. Political chaos reigned in the govern- 
ment. The soldiers were on the point of rebellion; 
anarchy prevailed in many places. 

Washington and many other patriots sought to 
establish a more perfect government. Their early 
efforts were failures because of the jealousies exist- 
ing among the states and the different classes. But 
the states and the people were finally brought to- 
gether through their commercial interests. 

In 1785 Maryland and Virginia appointed commis- 
sioners who met at Alexandria to form a treaty of 
commerce concerning navigation of waters held in 
common. If it was wise to have common laws on 
commerce, it was concluded that a uniform system 
of currency was desirable. It was but a step to 
believe that what was desirable for Maryland and 
Virginia would be advantageous to the whole coun- 
try. In 1786 Virginia appointed eight commission- 
ers to meet with similar commissioners of other states 
"to consider how far uniformity in their commercial 
regulations might be necessary to the common inter- 
ests and perfect harmony." Twelve commissioners 
representing five states met at Annapolis in Septem- 
ber, 1786. The important action of this convention 
was a recommendation to Congress to call a conven- 
tion to revise the Articles of Confederation. Through 



Constitution of the United States 45 

the influence of Hamilton and Bowdoin, Congress 
voted the call for a convention to meet in Philadel- 
phia "for the sole and express purpose of revising 
the Articles of Confederation." 

On May 14, 1787, this convention met, but did not 
organize until May 25, when it began the most impor- 
tant legislative event in the world's history. Shortly 
after the convention had organized it was decided 
that the Articles could not be amended ; then, accord- 
ing to the theory that was generally held and their 
instructions, there was nothing left to do but to go 
home and report their inability to do anything. But 
here began the assumption of power that was revolu- 
tionary, under the leadership of Washington, Mad- 
ison, and Randolph. After bitter discussion (the 
convention was on the point of breaking up several 
times) it was decided to make an entirely new con- 
stitution and submit it to the states for approval. 

The next question discussed was the nature of the 
government — whether it should be national or fed- 
eral, whether it should be based upon the people as 
units or upon states. The large states were in favor 
of a national form, while the small favored the fed- 
eral. After serious and dangerous discussion, Roger 
Sherman, the shoemaker, proposed a compromise, 
that the Senate should be federal, each state having 
equal power — the thought that the two Senators 
would ever vote against each other and thus, accord- 
ing to the federal view, lose the state's vote, never 
entered their minds; and that the House of Repre- 
sentatives should be national, the representation to 



46 Great State Papers 

be based on population or wealth. When the con- 
vention had decided that representation should be 
based on population, there was a division between the 
North and South over the question of slavery, the 
North insisting that the slave was a chattel the same 
as a horse, while the South insisted that the slave 
was a person and should be represented. Madison 
proposed the compromise whereby five slaves counted 
as three white men, giving the South undue repre- 
sentation. This compromise was adopted. Were the 
North and South consistent? They had traded plat- 
forms. Earlier than this, there was a proposition 
made that the Congress of the confederation should 
proportion taxes according to population. Then the 
North insisted that the slaves should be counted as 
population, while the South held they were property. 
We shall see where the South forgets its new stand 
and holds that the slave is a thing, a matter of com- 
merce, before the convention adjourns. And New 
England agreed with the South. 

When the convention took up the question of the 
control of commerce by Congress, the New England 
states contended for control by majority vote ; while 
the southerners, fearing the abolition of the slave 
trade and unfair treatment by the commercial states, 
insisted that a two-thirds vote should be required to 
pass a law on commerce. The three southern states 
joined with New England, and as a result of their com- 
bined vote only a majority vote is now necessary to pass 
a tariff law ; while the slave trade was protected until 
1808 — the slave had become a matter of commerce. 



Constitution of the United States 47 

Other compromises were made. The most striking 
was an undoubted compromise between state sov- 
ereignty and nationalism, which is understood rather 
than expressed. 

The purpose of the convention was to establish an 
aristocratic or oligarchic republic and not a democ- 
racy. Elbridge Gerry, the father of the gerry- 
mander, said: "The evils we experience flow from 
an excess of democracy." George Mason, ''We have 
been too democratic." Madison, in speaking of the 
time when a few would own the land, said: "The 
rights of property will not be secure in their (the 
people's) hands or they will become the tool of ambi- 
tion and opulence. ' ' 

We have come to love our constitution and are so 
satisfied with it that it is almost impossible to have 
it amended, but has this always been so 1 Let us read 
the testimony of John Adams: "But these (patriots 
of the Revolution and the substantial citizens of sea- 
board towns) could never have succeeded in effecting 
the establishment of the constitution had they not 
received active and steady cooperation of all that was 
left in America of attachment to the mother country, 
as well as of the money interest." Callendar said: 
"The constitution was crammed down the gullet of 
America." 

treaty of GUADALUPE HIDALGO 

This treaty is of special interest to the inhabitants 
of the territory acquired from Mexico as a result of 
the Mexican War. The treaty, which was proclaimed 



48 Great State Papers 

July 4, 1848, declares that those persons residing in 
the ceded territory and not electing to maintain their 
Mexican citizenship should be protected in their lib- 
erty and property and secured in the free exercise 
of their religion without restriction. 

THE CONSTITUTION OF NEW MEXICO 

The residents of New Mexico made many efforts 
before they secured statehood. 

August 18, 1846, General S. "W. Kearny reached 
Santa Fe. The next day he spoke to the people and 
declared his ''intention to establish in this depart- 
ment a civil government, on a republican basis, sim- 
ilar to those in our own states." Later, in a proc- 
lamation, he reaffirmed the declaration that New 
Mexico was to have a "civil government similar to 
those in the states." 

September 22 General Kearny promulgated an 
07'ganic law, cr constitution, for New Mexico. This 
constitution provided for a governor and a legislative 
assembly of two houses, the members of which were 
to be elected by the people. 

December 6, 1847, the first legislative assembly met 
and enacted a series of laws that were approved Feb- 
ruary 5, 1848, by General Price, who had succeeded 
General Kearny. 

The people, becoming dissatisfied with the interfer- 
ence of the military, through a convention called by 
Governor Vigil, petitioned Congress to establish a 
territorial form of civil government. 

In an open letter of. August, 1848, Thomas H. 



Constitution of New Mexico 49 

Benton, a powerful Senator from Missouri, advised 
the people of New Mexico to hold a convention and 
to provide a government for themselves until Con- 
gress should provide them with a government. Act- 
ing on this advice, a two days' convention, held in 
September, 1848, attended by nineteen delegates, 
adopted a constitution which was placed before Con- 
gress by Hugh N. Smith, who had been elected a 
Delegate by the convention, but Congress did not 
accept the constitution, hence New Mexico was not 
admitted to the Union. 

The discussion resulting from the endeavor to 
obtain statehood created two parties, one favoring 
statehood, the other a territorial form of govern- 
ment. But, learning the wishes of the President, all 
parties joined in seeking statehood. 

A convention, called by Colonel John Munro, 
Civil-Military Governor, met at Santa Fe, May 15, 
1850, and was in session ten days. A constitution 
was adopted by the convention, and was ratified by 
the people on June 20. At the same election a full 
complement of state officers was elected. On July 1 
the legislature was convened; Senators were elected, 
one of whom was sent to Washington to secure the 
approval of the constitution and the admission of the 
state. But before he reached Washington congress 
had passed the ''Compromise Bill of 1850," provid- 
ing, among other things, for a territorial form of 
government for New Mexico. The new government 
was established March 3, 1851. Many efforts w^ere 
made to induce Congress to authorize a state gov- 



50 Great State Papers 

ernment, but Congress was generally hostile to New 
Mexico. The twenty-eighth territorial legislative 
assembly passed an act calling a convention which 
met in Santa Fe September 3, 1889, and in less than 
three weeks adopted a constitution, which was sub- 
mitted to Congress, where it was ignored ; and after 
it had been amended by the same convention, which 
reconvened in August, 1890, it was rejected by the 
people. 

An attempt to join Arizona and New Mexico and 
admit them as a single state failed in 1906. In 1910 
Congress passed an "enabling act" authorizing New 
Mexico to hold a convention for the purpose of adopt- 
ing a constitution. This convention met October 3, 
1910, and completed its assigned task November 21, 
-1910. The constitution adopted was ratified by a vote 
of 31,742 to 13,399. 

Later Congress and the President admitted New 
Mexico to statehood, but required the submission to 
the people of an amendment to the constitution which 
made it possible to amend the constitution more 
easily. The amendment was added to the constitu- 
tion by a large majority. 



CHAPTER III 



PREAMBLES AND DECLARATIONS OP RIGHTS 



CONSTITUTION OF THE UNITED 
STATES 

Adopted by the constitutional 
coijvention which met at Phila- 
delphia May 14, 1787, but for 
the want of a quorum, did not 
organize until the 25th of the 
same month. Of the sixty-five 
delegates chosen, fifty-five at- 
tended the convention, thirty- 
nine of whom signed the con- 
stitution on the day of ad- 
journment, Sept. 17, 1787. 
George Washington was presi- 
dent; and William Jackson, 
secretary. 

This constitution was rati- 
fied by conventions of states 
and not directly by the people. 

The states ratified the con- 
stitution in the following order 
and by the following votes: 

Delaware, unanimously, 

Pennsylvania, 46 to 23. 

New Jersey, unanimously. 

Georgia, unanimously. 

Connecticut, 128 to 40. 

Massachusetts, 187 to 168. 

Maryland, 63 to 11. 

South Carolina, 149 to 73. 

New Hampshire, 57 to 46. 



CONSTITUTION OF THE STATE 
OF NEW MEXICO 

The constitutional conven- 
tion for New Mexico met at 
Santa Fe October 3, 1910, and 
was in session until November 
21. The constitution which it 
had formed was adopted by a 
vote of 79 to 18 ; three did not 
vote. Ninety-two signed the 
constitution and later one 
erased his signature. Charles 
A. Spiess was chosen presi- 
dent and George W. Armijo, 
secretary. 

The constitution was ratified 
by the people, at a special 
election, January 21, 1911, by 
the following vote: 

For the constitution, 31,742. 

Against the constitution, 
13,899. 

The constitution was then 
submitted to the President, 
who transmitted it, with his 
approval to the sixty-first 
congress which adjourned on 
March 4, without having voted 
its approval. On August 21, 
1911, the President signed a 
bill providing for the admis- 



51 



52 National and New IMexico Constitutions 



Virginia, 80 to 79. 
New York, 30 to 87. 
North Carolina by a ma- 
jority of 11. 

Hhode Island, 34 to 32. 



PREAMBLE 

''We, the people of the Uni- 
ted States, in order to form a 
more perfect union, establish 
justice, insure domestic tran- 
quillity, provide for the common 
defence, promote the general 
welfare, and secure the bless- 
ings of liberty to ourselves 
and our posterity, do ordain 
and establish this constitution 
of the United States of Amer- 
ica." 

The preamble of a constitu- 
tion declares the purpose of 
the people in erecting a new 
government. 

While the preamble begins 
with "We, the people," the 
constitution was really the 
work of the states. It is now 
admitted that if the constitu- 
tion had been submitted to 
the people for ratification it 
would have been overwlielm- 
ingly defeated. The imperfect 
union under the Articles of 
Confederation led to a desire 



sion of New Mexico into the 
sisterhood of states. 

January 5, 1912, President 
Taft issued his proclamation 
making effective New Mexico 's 
admission as a state. 

The state government was 
organized January 15, 1912. 

PREAMBLE 

We, the people of New Mex- 
ico, grateful to Almighty God 
for the blessings of liberty, in 
order to secure the advantages 
of a state government, do or- 
dain and establish this consti- 
tution. 

This preamble voices the sen- 
timent expressed in all the 
states — gratitude for the bless- 
ings of liberty, and the feeling 
that there is security only 
under state government. The 
national government exercised 
such arbitrary power in the 
rule of the early territories, 
that the people of a territory 
felt that they were not secure 
in ' * life, liberty and prop- 
erty" until they were j)ro- 
tected by a state government. 

Mr. Justice Campbell, in as- 
senting to the decision of the 
court in the Dred Scott case, 
said, ' ' The first territorial 
government of Louisiana [the 
territory of Orleans] was an 



Declaration of Rights 



53 



for a ''more perfect union." 
Only state courts had existed 
and the citizens of one state 
were often unable to secure 
justice in the courts of another 
state, hence "to establish jus- 
tice," it was necessary to es- 
tablish a system of courts. The 
states had been on the verge of 
war with each other and rebel- 
lion had existed in many of 
them ; a government that could 
' * insure domestic tranquillity ' ' 
was necessary. The old form 
had proven itself inadequate to 
*' provide for the common de- 
fence." The members of the 
convention well understood the 
danger that beset the country. 
England and France each 
hoped to gain possession of a 
portion of the country, if not 
all, through the bickerings and 
quarreliugs of the states. If 
the blessings of liberty that 
had been secured 'at such sacri- 
fice of life and property were 
to be maintained, it must be 
by a government that would 
be respected by other govern- 
ments. 

DECLARATION OF RIGHTS 

A declaration of rights is a 
formal statement of popular 
rights whijh the government 
must not abridge nor deny. In 
1688; when William and Mary 



imperial one founded upon a 
French or Spanish model." 

In Congress, in speaking of 
the same government, Mr. 
Campbell declared in 1804, ' ' It 
really establishes a complete 
despotism. ' ' 

It is true that this early ter- 
ritorial government was repug- 
nant to the American political 
conscience, and congress soon 
changed the form, giving a ter- 
ritorial legislature control over 
local interests. Yet this could 
be withdrawn at any time. 
The Supreme Court has held 
that, ''It (Congress) may de- 
clare a valid enactment of the 
territorial legislature void, or a 
void enactment valid, although 
it reserved in the organic act 
no such power." 



DECLARATION OF RIGHTS 
The necessity of a distinct 
declaration of rights in the 
constitution of a republic is 
net so obvious as it is in a 
monarchy. 



54 National and New Mexico Constitutions 



came to the throne of England, 
parliament issued a declaration 
of rights which the new sov- 
ereigns accepted. 

It is usually said that the 
constitution in its original 
form contained no such decla- 
ration, but there are at least 
seven such declarations. In 
1791 the first ten amendments 
were added to the constitution ; 
these amendments are usually 
designated as the declaration 
of rights of the national con- 
stitution. The colonies issued 
declarations of rights in 1765 
and 1774, which have influ- 
enced the members of every 
constitutional convention held 
in America. 

The following provisions are 
taken from the English decla- 
ration of rights: 

''That it is right for sub- 
jects to petition the king." 

"That the raising or keep- 
ing of a standing army * * * 
unless it be with the consent of 
parliament, i s against the 
law." 

"The freedom of speech, 
and debates or proceedings in 
parliament ought not to be im- 
peached or questioned in any 
court or place out of parlia- 
ment. ' ' 



Guarantees against heredi- 
tary monarchs may be needed, 
but it seems the people hardly 
need such guarantees against 
themselves. 

Yet, when the nation and 
states began constitution mak- 
ing, public opinion did not in- 
fluence the acts of the govern- 
ment so readily as now, and 
there was a distinct need of 
such provisions. But the con- 
stitution makers of the state 
understood the real power of 
the people, as evidenced by the 
following declaration : 

Art. II, Sec. 2. All politi- 
cal power is vested in and de- 
rived from the people; all gov- 
ernment of right originates 
with the people, is founded 
upon their will and is insti- 
tuted solely for their good. 

This declaration distinctly 
states that the people are not 
the government but are the 
creators of the government. 
The people are supreme. The 
government is their servant, 
and when it fails to do their 
bidding it may be altered, re- 
formed or abolished. This 
doctrine is set forth in nearly 
every state constitution. 



Religious Freedom 



55 



Religious Freedom and Freedom of Speech. 



CONSTITUTION OF THE UNITED 
STATES 

Article I (Amendment 1). 
Congress shall make no law 
respecting the establishment 
of religion, or prohibiting the 
free exercise thereof; or 
abridging the freedom of 
speech or of the press; or the 
right of the people peaceably 
to assemble and petition the 
government for a redress of 
grievances. 

Article VI of the constitu- 
tion provides, ' ' No religious 
test shall be required as a qual- 
ification to any office or pub- 
lic trust under the United 
States." These are the only 
provisions in the federal con- 
stitution upon these subjects. 

While congress is prohibited 
from establishing and support- 
ing out of the treasury a na- 
tional church. Judge Cooley 
says : * ' The courts of the 
union and the states, in ad- 
ministering the common la^Y, 
find it necessary to take notice 
that the prevailing religion of 
the country is Christian, ' ' 
Congress has never attempted 
to violate the first clause, Arti- 
cle I, but the second and third 
have been notoriously broken. 



CONSTITUTION OF NEW MEXICO 

Art. II, Sec. 5. The rights, 
privileges a n d inmiunities, 
civil, political and religious, 
guaranteed to the people of 
New Mexico by the treaty of 
Guadalupe Hidalgo shall be 
preserved inviolate. 

Art. II, Sec. 11. Every 
nmn shall be free to worship 
God according to the dictates 
of his own conscience, and no 
person shall ever be molested 
or denied any civil or political 
right or privilege on account 
of his religious opinion or 
mode of religious worship. No 
person shall be required to at- 
tend any place of worship or 
support any religious sect or 
denomination ; nor shall any 
preference be given by law to 
any religious denomination or 
mode of worship. 

Art. II, Sec. 17. Every per- 
son may freely speak, write 
and publish his sentiments on 
all subjects, being responsible 
for the abuse of that right; 
and no law shall be passed to 
restrain or abridge the liberty 
of speech or of the press. In 
all criminal prosecutions for 
libels, the truth may be given 



56 National and New Mexico Constitutions 



The sedition law is an example 
of the violation of the secon<L 
Uniler this law one man was 
fined $400 and given six 
months' imprisonment for say- 
ing that Adams's administra- 
tion was "wholly in the in- 
fancy of politi \"J mistakes. ' ' 
By the notorions '^gag rule" 
of the house, the right of pe- 
tition was denied tj the op- 
ponents of slavery for several 
years. There was no power to 
punish the house for violating 
the constitution, b u t public 
sentiment became so strong 
that it was finally heeded anil 
the rule repealed. 

Article VI of tl^e constitu- 
tion provides that legislativo, 
executive, and judicial officers 
both of the United States and 
of the several states shall be 
bound by oath or affirmation 
to support the constitution but 
no religious test shall be re- 
quired. The constitution of 
Missouri, 1S20, provided that 
no bishop, priest, clergyman, 
or teacher of any religious per- 
suasion should be eligible to 
membership in either house of 
the legislature, or to hold any 
office of trust, except the office 
of justice of the peace. This 
provision was held to violate 
the provisions of Article VI, 
and to be therefore void. 



in evidence to the jury; and 
if it shall appear to the jnry 
that the matter charged as 
libelous is true and was pub- 
lished with good motives and 
for justifiable ends, the party 
shall be acquitted. 

The question is often asked 
why the states adopt provi- 
sions that are identical with 
those found in the amendments 
to the national constitution. 
The courts have held that the 
amendments impose restric- 
tions upon congress only, hence 
it is necessary that each state 
re-enacts these clauses if it 
wishes to limit the power of 
its government. 

Many persons prefer the 
short, terse expressions of the 
national constitution to the 
more elaborate clauses of the 
state constitutions. 

Section 11 does not prevent 
the legislature from establish- 
ing a day of rest, since such 
an act is a municipal or police 
regulation. Nor does it violate 
this provision that tlie Chris- 
tian Sunday has been chosen 
for the day of rest. 

The states are free to estab- 
lish a church, restrict the pres«, 
or deny the right of petition. 



Personal Freedom 



57 



Right to Bear Arms. ' ' Every Man 's House Is His Castle.' * 



Art. II (Amendment II). 
A well regulated militia bciug 
uecessary to the security of a 
free state, the right of the peo- 
ple to keep and bear arms shall 
not be infringed. 

Art. Ill (Amendment III). 
No soldier shall, in time of 
peace, be quartered in any 
house, without the consent of 
the owr.er; nor in time of war 
but in a manner to be pre- 
scribed by law. 

The oppression of the Brit- 
ish government was so griev- 
ous that the fear of the use of 
tyrannical power is still in the 
people and they insist on safe- 
guarding themselves even 
against a government of their 
own making. The attempts of 
the mother country to prohibit 
the colonial militia and the 
passage of the mutiny act are 
responsible for these provi- 
sions. The right to bear arms 
is given to the people as a 
whole and not to the individ- 
ual, and the arms must be 
"such as are suitable for the 
general defense of the com- 
munity againtt invasion or op- 
pression ; and the secret car- 
rying of those suited merely to 
deadly individual encounters 
may be prohibited. ' ' 



Art. II, Sec. 6. The people 
have the right to bear arms 
for their security and defense, 
but nothing herein shall be 
held to permit the carrying of 
concealed weapons. 

Art. II, Sec. 9. The mili- 
tary shall always be in strict 
subordination to the civil 
power; no soldier shall in time 
of peace be quartered in any 
house without the consent of 
the owner, nor in time of war 
except in the manner pre- 
scribed by law. 

These provisions have not 
been violated by the govern- 
ment of New Msxico, and prob- 
ably never will be. * ' Never- 
theless a declaration of the in- 
defeasible right of the citizen 
can never be wholly needless. ' ' 

' ' Owner ' ' means the occu- 
pant in possession of the house. 

Section 9 states a funda- 
mental i:>rinci2)le of true de- 
mocracy when it declares that 
the * * military shall be in strict 
subordination to the civil 
power." In a monarchy the 
military is in complete control 
of the government. 

This puts the general as- 
sembly in complete control of 
all questions of war, of arming 
and equipping the militia and 



58 National and New Mexico Constitutions 



The maxim of the common 
law, '^ every man's house is 
his castle," is, in Article III, 
made part of the constitution. 



leaves the governor, the com- 
mander-in-chief, to carry out 
its directions. 



Protection Against Unreasonable Searches. 



Art. IV (Awendment IV). 
The right of the i)eople to be 
secure in their persons, houses, 
papers, and effects, against un- 
reasonable searches and seiz- 
ures, shall not be violated ; and 
no warrants shall issue, but 
upon probable cause, supported 
by oath or affirmation, and 
particularly describing the 
place to be searched, and the 
persons or things to be seized. 

''A warrant is an authority 
to do some judicial act, a 
power derived from some court 
to take some person or prop- 
erty. ' ' 

In law, search warrants are 
divided into two classes, gen- 
eral and special. The former 
is issued without the name of 
the place to be searched or the 
thing to be seized. Slaves 
were nerv'er treated as coming 
under this provision. 



Art. II, Sec. 10. The people 
shall be secure in their per- 
sons, papers, homes and effects, 
from unreasonable searches 
and seizures, and no warrant 
to search any place, or seize 
any person or thing, shall issue 
without describing the place to 
be searched, or the persons or 
things to be seized, nor with- 
out a written showing of prob- 
able cause, supported by oath 
or affirmation. 

This prevents an officious of- 
ficer from harassing any one 
he pleases and from commit- 
ting robbery in the name of 
the law. Just before the rev- 
olution, Great Britain issued 
general warrants, called writs 
of assistance, which were used 
to intimidate the people. The 
effect has been that this safe- 
guard is in every state, as well 
as in the national constitution. 



Trial by Jury in Criminal Cases and the Eight of the 
Defendant and Eight of Eminent Domain. 



Art. V (Amendment V), 
No person shall be held to an- 



Art. II, Sec. 14. No person 
shall be held to answer for a 



Property Rights 



59 



swer for a capital or otherwise 
infamous crime, unless on a 
presentment or indictment of 
a grand jury, except in cases 
arising in the land or naval 
forces, or in the militia, when 
in actual service, in time of 
war or public danger, nor shall 
any person be subject for the 
same offense to be twice put in 
jeopardy of life or limb; nor 
shall be compelled, in any 
criminal case, to be a witness 
against himself; nor be de- 
prived of life, liberty or prop- 
erty, without due process of 
law ; nor shall private property 
be taken for public use, with- 
out just compensation. 



Art. VI (Amendment VI). 
In all criminal prosecutions 
the accused shall enjoy the 
right to a speedy and public 
trial, by an impartial jury of 
the state and district wherein 
the crime shall have been com- 
mitted, which district shall 
have been previously ascer-^ 
tained by law, and to be in- 
formed of the nature and cause 
of the accusation; to be con- 



capital, felonious or infamous 
crime unless on a presentment 
or indictment of a grand jury, 
except in cases arising in the 
militia when in actual service 
in time of war or public dan- 
ger. In all criminal prosecu- 
tions the accused shall have 
the right to appear and de- 
fend himself in person, and by 
counsel; to demand the nature 
and cause of the accusation; 
to be confronted with the wit- 
nesses against him; to have 
the charge and testimony inter- 
preted to him in a language 
that he understands; to have 
compulsory process to compel 
the attendance of necessary 
witnesses in his behalf, and a 
speedy public trial by an im- 
partial jury of the county or 
district in which the offense is 
alleged to have been com- 
mitted. 

Art. II, Sec. 15. No person 
shall be compelled to testify 
against himself in a criminal 
proceeding, nor shall any per- 
son be twice put in jeopardy 
for the same offense; and when 
the indictment, information or 
affidavit upon which any per- 
son is convicted charges dif- 
ferent offenses or different de- 
grees of the same offense and 
a new trial is granted the ac- 



60 NxVTIONAL AND NeW MeXICO CONSTITUTIONS 



fronted with the Avitnesscs 
against him; to have compul- 
sory process for obtaining wit- 
nesses in his favor; and to 
have the assistance of counsel 
for his defence. 

"No person" referred orig- 
inally to free white people. 
Negroes were often proceeded 
against without indictment. 
But since the fourteenth 
amendment the expression ' ' no 
person" undoubtedly has a 
broader meaning. 

An indictment is a written 
charge of crime presented to a 
grand jury and by them certi- 
fied to be a " true bill, ' ' or 
* ' not a true bill. ' ' 

A presentment is a formal 
accusation by a grand jury 
from their own knowledge, 
without any bill of indictment 
laid before them. 

In time of peace no one, ex- 
cept a member of the army or 
navy, can be tried for treason, 
piracy or felony unless an in- 
dictment has first been lodged 
against him and found to be a 
true bill by the grand jury. 
But congress has power to pro- 
vide for the punishment of 
military and naval offenses in 
the manner practiced by civil- 
ized nations. 

If a person is tried for a 



(Used, he may not a^ain be 
liicd for an offense or degree 
of the offense greater than the 
one of which he was convicted. 

Art. II, Sec. 18. No person 
shall be deprived of life, lib- 
erty or property without due 
process of law; nor shall any 
person be denied the equal pro- 
tection of the laws. 

Art. II, Sec. 20. Private 
property shall not be taken or 
damaged for public use with- 
out just compensation. 

The right to take private 
property for public u s e is 
called the right of eminent 
domain. In 1215 the English 
people embodied the common 
law on the subject of eminent 
domain in the Great Charter 
as f o 1 1 w s : " No freeman 
shall be taken or imprisoned 
or disseized of his freehold, or 
liberties, or otherwise de- 
stroyed but by lawful judg- 
ment of his peers, or by the 
law of the land." 

But this does not provide 
compensation as required by 
American constitutions. There 
is no provision for taking pri- 
vate property for private use. 

The right of eminent domain 
exists in state and nation, and 
is sometimes delegated to pri- 
vate corporations to be exer- 



Rights in Criminal Proceedings 



61 



crime and acquitted by a petit 
juiy and again put on trial for 
the same offense then he has 
been ' ' twice put in jeopardy. ' ' 



cised in the execution of work 
from which the public will re- 
ceive some benefit. Navigable 
rivers or lakes cannot become 
l)rivate property. 



Right of Trial by Jury in Civil Cases and the Common Law. 



Art. VII (Amendment VII). 
In suits of common law, 
where the value in controversy 
shall exceed twenty dollars, tho 
right of trial by jury shall be 
preserved; and no fact tried 
by a jury shall be otherwise re- 
examined, in any court of the 
United States, than according 
1 the rules of the common law. 

The common law here allud- 
ed to is the Common Law of 
England and not of any state. 

The common law or lex non 
scriptu in those immemorial 
customs of the courts that date 
back into English history so 
far that mind of man runneth 
not to the contrary. The com- 
mon law holds where no statute 
has been passed to the con- 
trary. 

There are two juries, the 
grand and the petit. The 
grand jury consists of not 
fewer than sixteen nor more 
than twenty-three, any twelve 
of whom may find an indiet- 
rneut to be a true bill. They 



Art. II, Sec. 12. The right 
of trial by jury as it has here- 
tofore existed shall be secured 
to all and remain inviolate. In 
all cases triable in courts in- 
ferior to the district court the 
jury may consist of six. The 
legislature may provide that 
verdicts in civil cases may be 
rendered by less than a unani- 
mous vote of the jury. 

There is no direct provision 
in the New Mexico constitution 
concerning the English com- 
mon law. In 1876 the legisla- 
ture passed an act makmg the 
common law a part of the law 
of New Mexico. The couits of 
the state adopt the principles 
that are adapted to the cir- 
cumstances, state of society 
and form of government. 

The national and state jury 
s} stem : 

The grand jury consists of 
twenty-one members and the 
petit of not fewer than twenty- 
four, twelve of whom try any 
issue before the court. 



62 National and New Mexico Constitutions 



sit in secret sessiou and look 
into all charges of crime com- 
mitted in their district, and, if 
they are satisfied that there is 
sufficient evidence against the 
accused to justify a formal 
trial, they return the indict- 
ment to the court, with the 
proper indorsement. 

The petit jury tries both 
criminal and civil cases in open 
court and renders a decision 
after both sides have been 
Iieard. It consists of twelve 
men, all of whom must agree 
to the verdict. 



Jn the court of the justice 
of the peace the jury consists 
of six. 

The grand jury consists of 
twenty-one members; twelve 
members may find an indict- 
ment to be a "true bill." 



Excessive Bail. 



Art. VITI (A m end m en t 
VIII). Excessive bail shall 
not be required, nor excessive 
fines imposed, nor cruel and 
unusual punishments inflicted. 

This amendment is taken 
word for word from the Eng- 
lish Bill of Eights. ''Bail is 
delivery from custody on se- 
curity. ' ' 

Bail should not be fixed at a 
Slim so large as to purposely 
jirevent a person from secur- 
ing it. 



Art. II, Sec. 13. All persons 
shall be bailable by sufficient 
sureties, except for capital of- 
fenses, when the proof is evi- 
dent, or the presumption great ; 
excessive bail shall not be re- 
quired; nor excessive fines im- 
posed; nor cruel and unusual 
jiunishments inflicted. 

' ' That reasonable bail shall 
be accepted is an admonition 
addressed to the judgment and 
conscience of the court or 
magistrate empowered to fix 
the amount; it is impossible 
that a definite rule shall be 
established by law for particu- 
lar cases." — Judge Cooley. 



Restrictions op Legislature 



63 



Certain Rights Reserved. 



Art. IX (Amendment IX). 
The enumeration in the consti- 
tution of certain rights shall 
not be construed to deny or 
disparage others retained by 
the people. 

Art. X (Amendment X). 
The powers not delegated to 
the United States by the con- 
stitution, nor prohibited by it 
to the states, are reserved to 
the states respectively, or to 
the people. 

The government of the 
United States can exercise only 
those powers which are dele- 
gated to it by the constitution, 
while the state governments 
may exercise any power not 
denied to them by the national 
and state constitutions. The 
chief distinction between the 
leading political parties has 
grown out of the question 
whether the national govern- 
m.ent is limited to the expressed 
declarations of the constitution 
or whether it may exercise im- 
plied powers. 



Art. II, Sec. 23. The enu- 
meration in this constitution 
of certain rights shall not be 
construed to deny, impair, or 
disparage others, retained by 
the people. 

The rights retained by the 
people are stated in the decla- 
ration of rights in the consti- 
tution. 

The government of the state 
can do anything not expressly 
denied by the constitutions of 
the state and nation, since the 
constitution in general terms 
vests the legislative powei in 
the legislators, the executive 
power in the governors, the ju- 
dicial power in the courts, with- 
out restriction upon the use of 
these powers, except as stated 
in the constitution. 



Writ of Habeas Corpus. 



Art. I, Sec. 9. 2. The privi- 
lege of the writ of habeas cor- 
pus shall not be suspended, un- 
less when, in cases of rebellion 



Art. II, Sec. 7. The privi- 
lege of the writ of habeas cor- 
pus shall never be suspended, 
unless in cases of rebellion or 



64 National and New Mexico Constitutions 



or invasion, the public safety 
may require it. 

Habeas corpus is a Latin 
phrase meaning "you may have 
the body." It is a writ that 
commands a person having an- 
other under arrest to bring him 
into court and give the cause 
Oi his arrest. If the judge is 
not satisfied that the prisoner 
is legally held, he releases him. 
This prevents the arrest and 
detention of persons without 
good and sufficient reasons. 

The question is, which branch 
of the government has the right 
to suspend the privilege of the 
writ. During the civil war, the 
executive assumed the right, 
but later congress passed a law 
legalizing the suspension, thus 
indicating that it believed that 
the right belonged to the legis- 
lative branch. 



invasion the public safety re- 
quires it. 

The New Mexico constitution 
leaves in doubt the question, 
who has the power to suspend 
the writ of habeas corpus. 

The suspension of a law is a 
legislative not an executive act, 
and is properly exercised by 
the legislature. As the national 
constitution makers left the 
matter in doubt, so did the 
state's. 

Colorado's ''Bill of Rights" 
contains a section identical 
with this section. The supreme 
court of the state decided that 
the governor had the right to 
Suspend the right to the writ 
and the District Court of the 
United States sustained the 
decision. 



Right of Persons in Cases of Impeachment and Who May 

Be Impeached. 



Art. I, Sec. 3 (Clmise 7). 
Judgment, in case of impeach- 
ment, shall not extend further 
than to removal from oiBce, 
and disqualification to hold 
and enjoy any office of honor, 
trust, or profit, under the 
United States; but the party 
convicted shall, nevertheless, 
be liable and subject to indict- 



Art. ^^ Sec. 36. All state 
officers and judges of the dis- 
trict court shall be liable to 
impeachment for crimes, mis- \ 
demeanors and malfeasance in 
office, but judgment in such 
cases shall not extend further 
than removal from office and 
disqualification to hold any of- 
fice of honor, trust or profit, or 



Various Restrictions 



65 



ment, trial, judgment, and 
punishment, according to law. 
The president, vice-presi- 
dent, and all civil officers may 
be impeached. It has been held 
that a congressman is not a 
civil officer and not impeach- 
able. The men and officers of 
the navy and army cannot be 
impeached but are tried for of- 
fenses by courts-martial. 



to vote under the laws of this 
state; but such officer or judge, 
whether convicted or acquitted 
shall, nevertheless, be liable to 
prosecution, trial, judgment, 
punishment or civil action, ac- 
cording to law. No officer shall 
exercise any powers or duties 
of his office after notice of his 
impeachment is served upon 
him until he is acquitted. 

The question of the power to 
impeach a member of the gen- 
eral assembly has never been 
raised. It is most probable 
that the opinion of the federal 
senate, that a legislator cannot 
be impeached, would be ac- 
cepted. Such a power could be 
greatly abused for political 
purposes. 

The governor, judges and all 
state officers may be impeached. 



Bill of Attainder, Ex Post Facto Law and Law iMPAiRiNr; 
THE Obligation of Contracts. 



Art. I, Sec. 9. 3. No bill of 
attainder, or ex post facto law, 
shall be jiassed. 

Art. I, Sec. 10 (Clause I). 
No state shall pass any bill 
of attainder, ex post facto law, 
or law impairing the obligation 
of contracts. 

The national as well as the 
state constitution prohibits the 
state from passing laws impair- 



Art. IX, Sec. 19. No ex post 
facto law, bill of attainder, 
nor law impairing the obliga- 
tion of contracts shall be 
enacted by the legislature. 

In view of Article I, Section 
10 of the constitution of the 
United States, this section (19) 
was wholly unnecessary, for 
the national constitution de- 
clares: no state shall enter into 



CG National and New Mexico Constitutions 



ing the obligation of contracts, 
but no restriction is put upon 
congress. Neither congress nor 
the legislature can pass an ex 
post facto law. An ex post 
facto law is a statute that af- 
fects crimes that were com- 
mitted before the law was 
passed or that makes criminal, 
acts that were lawful when 
performed. A bill of attainder 
is a legislative act inflicting 
punishment upon a person 
without a trial in court before 
a jury. 



any treaty, alliance or confed- 
eration; pass any bill of at- 
tainder, ex post facto law or 
law impairing the obligation 
of contracts. 

The student should discrim- 
inate between ''l)ill of attain- 
der" and "attainder." At- 
tainder is the act of extin- 
guishing one 's civil rights, be- 
cause of crime. In the United 
States, it is entirely a power 
of the judiciary. Art. Ill, 3, 
2^ of the national constitution 
places restrictions on the use 
of tiie power as follows: 

The congress shall have 
power to declare the punish- 
ment of treason; but no at- 
tainder of treason shall work 
corruption of blood, or forfeit- 
ure, except during the life of 
the person attainted. 



Titles of Nobility and Presents. 



Art. I, Sec. 9, clause 8. No 
title of nobility shall be grant- 
ed by the United States: and 
no person holding any office 
of profit or trust under them 
shall, without the consent of 
the congress, accept of any 
present, emolument, office, title 
of any kind whatever, from 
any king, prince, or foreign 
state. 



The United States, is prohib- 
ited from granting titles of no- 
bility and no officer*is allowed 
to accept of any title, office, 
etc., from a foreign power, but 
a private citizen may. 

The state government is for- 
bidden to create titles of nobil- 
ity by the national constitu- 
tion. 

Hamilton declared this pro- 
vision to be the corner stone of 
the republic. 



Various Restrictions 



67 



Eight of Accused and Change of Venue. 



Art. Ill, Sec. 2, clause 3. 
The trial of all crimes, except 
in cases of impeachment, shall 
be by jury; and such trial shall 
be held in the state where said 
crimes shall have been commit- 
ted; but when not committed 
within any state, the trial shall 
be at such place or places as 
the congress may by law have 
directed. 

This does not apply to mili- 
tary offenders or private citi- 
zens who offend the law when 
the district is under military 
rule. 



Eead Section 14, Article II. 
The state can not try a prisoner 
in any other country than the 
one in which the indictment 
Avas brought unless the pris- 
oner demands that he be tried 
in some other county, and pre- 
sents sufficient evidence to con- 
vince the judge that he, the 
prisoner, would not receive 
justice because of the preju- 
dice of the community against 
him. 

It is usually held that the 
right of a change of venue lies 
with the prisoner and not with 
the stale, but Judge Medler 
has held that the state may ask 
for a change of venue from one 
county to another within the 
same judicial district. The Su- 
preme Court has not decided 
the question at this writing. 



Kestriction on the Abridgement of Suffrage 
Art. XV (Amendment XV). 



1. The right of the citizens of 
the United States to vote shall 
not be denied or abridged by 
the United States or by any 
state on account of race, color, 
or previous condition of servi- 
tude. 



Art. XXI, Sec. 5. This state 
shall never enact any law re- 
stricting or abridging the 
right of suffrage on account 
of race, color or previous con- 
dition of servitude. 



CHAPTER IV 



LEGISLATIVE DEPARTMENT 



THE NATION 

The law enacting power of 
the nation is vested in the 
president and congress. When 
a bill has passed both houses 
of congress, it is sent to the 
president, who, if he approve 
of it, will sign and thereby 
make it a law. If he disap- 
prove of it, it is returned to 
congress, which may, by a two- 
thirds vote, pass the bill over 
the president's veto. 



The president and the sen- 
ate, in the treaty-making pow- 
er, enact laws without the con- 
sent of the house. 

Executive duty. — The senate 
is given the power to approve 
or reject the appointments of 
the president. The appoint- 
ment of the officers of congress 
has been held to be a legisla- 
tive act. 

The house has the sole 
power of impeachment. To 
impeach is to formally accuse 
one in high office. Impeaeh- 



THE STATE 

The legislative power of the 
state is vested in the legisla- 
ture, consisting of a house of 
representatives and a senate 
and the governor. 

A bill may originate in 
either house and when it has, 
in each house, received the 
affirmative vote of a majority 
of the members present, pro- 
vided that a quorum is present, 
and has been signed by the 
presiding officer of both houses 
and the governor the bill is a 
law. For the exercise of the 
veto power see below. 

The state has no treaty- mak- 
ing power. [See Article I, 
Section 10, clause 1 of the na- 
tional constitution.] 

Executive duty. — The senate 
must confirm or reject the ap- 
pointments of the governor. 
This right gives the senators 
great influence vrith. the exec- 
utive. 

The house has sole power of 
impeachment, but a majority 
of the members must concur 
therein. The governor, judges, 



68 



Congress and Legislature 



69 



ment corresponds to indict- 
ment in the courts. This is 
purely an executive act. The 
court cannot try a person for 
crime until he is brought be 
fore it by an executive ofUcer. 

Terms, salary and qualifica- 
tions. — A senator serves six 
years and a representative two 
years. Each receives $7,500 
annually and twenty cents for 
each mile traveled between his 
home and Washington. A per- 
son, to be eligible to the office 
of representative, must have 
attained the age of 25 years, 
and have been a citizen of the 
nation for seven years, and an 
inhabitant of the state from 
which he is chosen; but to be 
eligible to the office of senator, 
a person must be at least 30 
years of age, and have been 
nine years a citizen of the na- 
tion and an inhabitant of the 
state by which he is elected. 

Election. — Senators and 
representatives are elected by 
the people. 

Apportionment. — Each state 
has two senators and a repre- 
sentative for each 212,407 per- 
sons. Each state whose popu- 
lation is less than the number 
required for a representative, 
is entitled to one member of 
the house. 



and all state officers may be 
impeached. 

A person under indictment 
or impeachment is innocent be- 
fore the law until he is declared 
guilty by judicial action. 

Terms, salary and qualifi- 
cations. — A senator is elected 
for a term of four years and 
a representative for two years. 
Each member receives five dol- 
lars per day for each day he 
is present in legislative meet- 
ings and mileage of ten cents 
per mile each way. Any voter 
may be elected a representa- 
tive, or if he has attained the 
age of twenty-five years, a 
senator, j^rovided that he has 
been a resident of New Mexico 
for the three years next pre- 
ceding his election. 



Election. — Senators and 
representatives are elected by 
the people. 

Apportionment. — For the 
election of senators there are 
twenty-four districts and for 
reijreseutatives there are 
thirty districts. The legisla- 
ture is composed of twenty- 
four senators and forty-nine 
representatives: Senators and 



70 National and New Mexico Constitutions 

There are ninety-six sena- representatives are a p p o r - 
tors, and 435 representatives tioned to the districts aecord- 
at present (1914). ing to population. 

After each decennial census When several counties ap- 

congress apportions among the pear in one district, such dis- 
Sl'ates the members of the trict is often called a float dis- 
lower house, and the state leg- triet. 

islatures divide the states into Eefer to Article IV of the 

congressional districts, always state constitution and find 
having regard for county what district or districts your 
lines. county is in and fill the foUow- 

The party in the majority ing blanks: 
usually combines counties in 

such a way as to give it as Name of county 

great a number of the repre- No. of senatorial districts, 
sentatives as possible. 

Where political interests and 

not justice determine the forni No. of representative districts, 
of the district, the legislature 

is said to have * ' gerrymand- 

ered"* the state. This prac- 
tice originated in Virginia in Senators 

1788 when the enemies of 

Madison schemed, unsuccess- 

fully, to defeat him because of 

his friendship for the consti- Representatives 

tution. Under the leadership 

of Gerry, the governor, the 

Massachusetts legislature re- 
districted the state so unjustly 

that out of derision the name is your county in a float dis- 

gerrymander was given to the 

practice. trict ? 



Vacancy. — When a vacancy ,^—, 

^ Vacancy. — when a vacancy 

*Pronounce the "g" hard. , 



Congress and Legislature 



71 



occurs in either house of con- 
gress, it is the duty of the gov- 
ernor to call an election to 
fill such vacancy. In cases of 
vacancy in the senate the state 
legislature may empower the 
governor to make temporary 
appointments of a senator un- 
til the people fill the vacancy 
by election. 

Time of meeting. — Congress 
meets on the first Monday in 
December of each year, and ad- 
journs on March 4 of odd 
years and at its OM'n discre- 
tion in even years. 

Quorum. — A majority of the 
members of each house shall 
constitute a quorum, and a 
majority of a quorum may pass 
a bill. A quorum is the num- 
ber of members required to 
transact business. 

Vice-president of the United 
States. — The vice-president is 
a legislative officer with very 
little power. He presides over 
the senate and casts the decid- 
ing vote in case of a tie. Dig- 
nity is added to his office by 
the fact that he is first in the 
I'ne of succession to the presi- 
dency. Salary, $12,000. 

Formerly the vice-president 
appointed the committees of 
the senate but that power has 
now been taken from him. 



occurs in either house, it is 
filled by a special election. A 
person elected to fill a vacancy 
in either congress or the legis- 
lature serves for the unexpired 
term. 



Time of meeting. — The leg- 
islature meets at twelve o 'clock 
noon, on the second Tuesday 
ill January of odd years. 



Quorum. — A m a j o r i t y of 
each house constitutes a quor- 
um for doing business. A bill 
must receive the votes of a 
majority of the members pres- 
ent and voting before it passes 
either house. 

Lieutenant-governor. — The 
lieutenant-governor is the pre- 
siding officer of the senate ex- 
officio and as such is a legisla- 
tive officer. In his absence, a 
president pro tern acts in his 
place. The lieutenant-gover- 
nor may cast the deciding vote 
in case of a tie. In the absence 
of the governor other officers 
may exercise executive poAvers. 

Salary, $10.00 per day while 
acting as presiding officer of 
the senate. While acting as 



72 National and New Mexico Constitutions 



The Speaker of the House. — 
With the exception of the 
president, the speaker was the 
most important officer in 
America until 1910. He ap- 
pointed all committees and 
generally controlled the course 
of legislation. Now standing 
committees are elected by the 
house, and the speaker's im- 
portance is problematical. Yet 
as presiding officer of the 
house, he no doubt will con- 
tinue to exert a great influence. 
Salary, $12,000. 

Judicial duties. — The senate 
sitting as a court, tries all cases 
of impeachment, and, if two- 
thirds of the member's vote to 
sustain the impeachment, the 
person upon trial is removed 
from office and may be dis- 
qualified from holding any po- 
sition of honor or trust in the 
United States. 

The senators take oath as 
judges and two-thirds oi .iiose 
present must concur in a ver- 
dict or there is no conviction. 

When the president is on 
trial the chief justice presides. 

Initiative. — All bills that 
levy taxes shall originate in 
the house, but the senate may 
reject or amend a bill provid- 
ing revenue. 

Bills on all other subjects 
maT originate in either house. 



governor he receives the same 
salary as that of the gover- 
nor. 

The Speaker of the House. — 
The presiding officer of the 
house is the speaker, who is a 
niember and has one vote on all 
questions before the house. 
Since he appoints standing 
committees, he exerts a most 
important influence on the 
course of legislation. He ap- 
points many special commit- 
tees. Salary, $5,00 per day 
while the legislature is in ses- 
sion. 



Judicial duties. — The senate 
has jurisdiction of all cases of 
impeachment. At the trial of 
the person impeached the sen- 
ators are under oath to do jus- 
tice, and two-thirds of the 
members elected to the senate 
nuist concur in a verdict or the 
accused stands acquitted. 

When the governor or lieu- 
tenant-governor is on trial, the 
chief justice of the state p:c- 
sides. 

Initiative. — Bills on any sub- 
ject may originate in either 
house. 



CHAPTER V 



POWERS OF CONGRESS 



All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. — 
Article I, section 1, Constitution of the United States. 

The constitutional convention provided for the leg- 
islative branch before discussing the executive branch 
of the government. After having made the above 
declaration, the convention gave the President legis- 
lative power. Congress really consists of three bod- 
ies, the Senate, the House of Representatives, and 
the President. The three are not coordinate in power, 
since the Senate and the House may pass a bill over 
the President's veto. Again, the President and Sen- 
ate have legislative power; the constitution gives to 
them the power to make treaties, which the constitu- 
tion declares to be a part of the supreme law of the 
land. The House has the exclusive right to originate 
revenue bills. The constitution specifies the subjects 
concerning which Congress may legislate. 

Under the head '' Congress shall have power," 
there are eighteen clauses specifying to what subjects 
the legislative power extends: 

1. To lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common 
defense and general welfare of the United States; 

73 



74 Powers of Congress 

but all duties, imposts and excises shall be uniform 
throughout the United States. 

Money is absolutely necessary to the effective exist- 
ence of any government. Mr. Fiske says that the 
organization wliich levies and collects taxes is the 
government. The absence of the power to collect 
taxes was the weak part in the government under the 
Articles of the Confederation. Of the four words, 
taxes, duties, imposts, and excises, the first is the 
most general; taxes are divided into two classes, 
direct and indirect. The supreme court has decided 
that direct taxes are of two kinds only: (a) ''those on 
real property, and (h) capitation or poll tax." All 
other taxes are indirect. Duties are the taxes levied 
on imported goods, and excises are taxes levied on 
goods manufactured at home ; in the United States, 
internal revenue is generally used instead of excise. 

"The tax is levied by the consent of many; the 
impost is imposed by the will of one." Any tax 
levied by Congress upon the inhabitants of a territory 
or colony is an impost, since it is levied by the will 
of a government in which the territory has no voice. 

2. To borrow on the credit of the United States : 

The following amendment to the constitution was 
added that income taxes might be collected: "Arti- 
cle XYI. The Congress shall have power to lay 
and collect taxes on incomes, from whatever source 
derived, without apportionment among the several 
states, and without regard to any census or enumera- 
tion." 

In time of peace the expenditures of the govern- 



Naturalization 75 

ment ought not to exceed its income. Nor should its 
income be greatly in excess of its necessary expendi- 
tures, for the accumulation of a surplus in the treas- 
ury often leads to extravagance and sometimes to 
fraud. But in case of war the power to borrow 
money is necessary. Jefferson wanted the constitu- 
tion amended so that Congress could not borrow 
money. 

• The government has two ways of borrowing, first 
by issuing bonds which it sells to anyone who will 
buy, and, second, by issuing a paper currency which 
it compels its creditors to accept. 

3. To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes : 

The experience of the states, when each state regu- 
lated its own commerce, had led to the constitutional 
convention. Each discriminated against the others 
in matters of tariff. No wiser clause is found in the 
constitution. The free commercial intercourse be- 
tween the states has been the cause of the material 
prosperity of our country. 

The Indians have always been treated as a subju- 
gated people. The government has made treaties 
with them as though they were foreign nations. 

4. To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcy 
throughout the United States : 

Naturalization is the act whereby a foreigner is 
made a citizen. Citizenship is not defined either by 
constitution or statute of the state or nation. Attor- 
ney General Bates has given the following definition : 



76 Powers of Congress 

"A citizen is a member of the body politic, bound to 
allegiance on the one side, and entitled to protection 
on the other." Citizens are of two classes, native- 
born and naturalized. The children of citizens of the 
United States are citizens of this country, whether 
born at home or in some foreign land. The children 
of naturalized persons become citizens by the act of 
naturalization of their parents, provided they are 
not yet twenty-one and are residing in the United 
States. Only white people and persons of African 
descent or nativity can become citizens of the United 
States by naturalization. 

To become a citizen of the United States the for- 
eigner must declare upon oath ''his purpose to be- 
come a citizen of the United States and to renounce 
all allegiance to any foreign prince or state." Two 
years after this declaration, provided he has been a 
resident of the nation five years and of the state one 
year, he may apply for admission to citizenship, but 
he must renounce all allegiance to his prince or state. 
The President and Senate have negotiated treaties 
with several foreign countries for the protection of 
naturalized citizens and their property, but if one 
returns to his former country, a two years' residence 
is held to be a renunciation of his naturalization. 

Bankruptcy is the legal discharge from debt. 
While it frees a person from his financial obligalbi.s 
and enables him to begin business again, it doe3 i:ot 
release him from his moral obligations. Bankrupt 
laws are not very popular, are passed only in cases 
of panics, and are soon repealed. Only four bank- 



Money 77 

rupt laws have been passed by Congress. These four 
laws have covered a period of eighteen years. The 
law which went into effect in 1898 has not yet been 
repealed. 

5. To coin money, regulate the value thereof and 
of foreign coin, and fix the standard of weights and 
measures : 

. A uniform system of money has increased com- 
merce between the states. In Article I, section 10, 
the states are forbidden to "make anything but gold 
and silver coin a tender in payment of debts," or to 
*'coin money." In 1792 an act carrying out the 
provisions of this clause was passed. On the sugges- 
tion of Jefferson the decimal notation was adopted 
and the dollar became the unit. All coins less than 
one dollar in value are called subsidiary. 

While Congress is given the power to fix the 
standards of weights and measures, the same power 
is not denied to the state, hence there is lack of 
uniformity. 

6. To provide for the punishment of counterfeiting 
the securities and coin of the United States : 

The penalty for making or passing counterfeit 
coin, bank-notes, greenbacks, bonds, etc., is a fine not 
exceeding $5,000 and imprisonment not exceeding 
fifteen years. 

7. To establish post offices and post roads : 

The importance of a postal service was recognized 
as early as 1775, when the Continental Congress 
established a postal department and appointed Ben- 
jamin Franklin Postmaster General of the United 



78 Powers of Congress 

Colonies. The Articles of Confederation gave Con- 
gress real power ever postal affairs. 

All postmasters receiving a salary of $1,000 or 
over are appointed by the President and confirmed 
by the Senate. All others are appointed in the post- 
master general's department, and ''receive the rents 
from boxes, and a percentage on the sale of stamps 
and other office receipts." 

A writer in Harper's Round Tabic is responsible 
for the followitig: 

*'In 1658, early in the reign of Louis XIV, M. de 
Velayer established a private pennj^ post. Boxes were 
set up at the street corners for the reception of let- 
ters. Offices were opened in various quarters of 
Paris; collections were made once a day from the 
street boxes, followed many hours later by a single 
delivery, and thus the first post-office in the world 
was established." 

8. To promote the progress of science and useful 
arts, b}^ securing, for limited times, to authors and 
inventors, the exclusive right to their respective writ- 
ings and discoveries : 

Copyrights are granted to authors, and patents to 
inventors. Books, pictures, charts, etc., whatever 
their character, can be copyrighted. The copyright 
gives an author exclusive right to publish his pro- 
duction for twenty-eight years. At the expiration 
of this period, the copyright may be renewed for 
fourteen years longer. 

Any invention may be patented for a period of 
seventeen years, and the period may be extended 



Army J Navy 79 

seven years by the commissioner of patents, provided 
the patentee has ''failed to receive a suitable return 
for his time, ingenuity and expense." 

9. To constitute tribunals inferior to the supreme 
court : 

Congress has established the circuit and district 
courts, the court of claims, and the circuit court of 
appeals. These courts have been discussed in the 
chapter on judiciary. 

The court-martial was established to try offenders 
against military law and belongs to military rather 
than to the civil government. 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law 
of nations: 

Piracy is robbery on the high seas. Felony on the 
high seas has never been defined by Congress. 

11. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water: 

One of the interesting facts brought out by the 
Spanish-American War is that the President may 
veto a declaration of war. Of course, the resolution 
declaring war may be passed over the President's 
veto, but a war declared in such a manner would not 
be carried on very effectively, since the Commander- 
in-chief was opposed to it. 

Marque is the boundary of a country. Letters of 
marque and reprisal are commissions held by citizens 
of one country to cross the boundary of another and 
seize persons and property. The word reprisal sug- 



80 Powers of Congress 

gests that the letters are granted against a country 
that has done some injury to the government grant- 
ing the same. But acts coming under this clause are 
repugnant to American principles, and our nation 
has taken advanced grounds on privateering. The 
orders of the President in the last war are indicative 
of American feeling upon the question. They are as 
follows : 

''In the event of hostilities between the United 
States and Spain, it will be the policy of this govern- 
ment not to resort to privateering. The government 
will adhere to the following rules : 

''First, neutral flag covers enemies' goods, with the 
exception of contraband of war; 

"Second, neutral goods not contraband of war are 
not liable to confiscation under enemies' flag. 

"Third, blockades, in order to be binding, must be 
effective. ' ' 

12. To raise and support armies; but no appropri- 
ation of money to that use shall be for a longer term 
than two years: 

Without the power to raise and support an army 
the power to declare war would be useless. Th^it 
the army may be effective in time of war, a small 
standing army in time of peace is necessary. From 
1866 to the late war the standing army numbered 
25,000 men, but the war in the Philippines has made 
an increase in the number necessary. Under the ad- 
vice of Hamilton, a military training school was 
established' at West Point. 

13. To provide and maintain a navy: 



Army; Navy 81 

The navy has always been the pride of the Amer- 
ican people and it has been much easier to build up 
a large and effective navy than to increase the stand- 
ing army. 

When George Bancroft was Secretary of the Navy 
he induced Congress to establish the Naval Academy 
at Annapolis. 

14. To make rules for the government and regula- 
tion of the land and naval forces: 

This clause put the army and navy under the con- 
trol of civil authorities, and lessens the dangers of a 
standing army. 

15. To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections, 
and repel invasions : 

Since it has been the policy of the nation to have 
a small standing army, it was necessary to provide 
for some speedy method of recruiting the army with 
trained men when an emergency demanded imme- 
diate action. In the war with Spain the greater 
part of the volunteer portion of the army was re- 
cruited from the militia of the states. In the war 
of 1812, some of the states claimed that the militia 
could not be called into service of the United States 
until their section of the country was invaded, but 
in 1898 not a state made such a claim. 

16. To provide for organizing, arming, and dis- 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the United 
States, reserving to the states respectively the ap- 
pointment of the officers and the authority of train- 



82 Powers of Congress 

ing the militia according to the discipline prescribed 
by Congress : 

A law passed in 1795 gave the President power to 
call out the militia at his own discretion. ''While in 
actual service, the militia are paid the same as the 
regular troops and are subject to the same rules." 
Every able-bodied male citizen of the United States 
between the ages of 18 and 45 may be required to do 
military duty as a member of the militia. 

17. To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular states, 
and the acceptance of Congress, become the seat of 
government of the United States; and to exercise 
like authority over all places purchased, by the con- 
sent of the legislature of the state in which the same 
shall be, for the erection of forts, magazines, arsenals, 
dock yards, and other needful buildings: 

Congress exercises absolute authority over the Dis- 
trict of Columbia. The residents have no right to 
vote, nor any voice in the government of the district ; 
the President is the chief executive and Congress is 
the only legislative body, yet Washington is one of 
the best ruled cities in the world. 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
poAvers, and all other powers vested by this constitu- 
tion in the government of the United States, or in 
any department or officer thereof: 

This clause is the virile and the most important of 
the eighteen clauses and has caused more discussion 



Strict and Loose Constructionists 83 

than all the rest of the constitution. This clause has 
made political parties possible. Two words of the 
above clause have caused all the discussion. One class 
of statesmen argued that a law must be absolutely 
necessary to be constitutional, while another class 
held that a law which is proper is constitutional. 
Jefferson and Madison were strong advocates of the 
doctrine that the government could do just what the 
constitution said it might do, and nothing else. The 
constitution gave Congress power to establish post 
roads, but it did not say anything about building 
roads; therefore, with a strict construction of the 
constitution Congress could establish a post road 
over the Alleghany Mountains, but could not pay 
a man for ''blazing" a way through the forest; 
again, it could establish a post road over the Rocky 
Mountains, but could not aid in the building of the 
Union Pacific. Men who have held this belief have 
been called ''strict constructionists." 

Hamilton was the author of the doctrine of implied 
powers. He held that the power to establish a post 
road carried with it the power to build the road. 
Those who have agreed with him have been called 
"loose constructionists." 

These tests have been applied to every clause in 
this section of the constitution. But the party in 
power has always conducted the government on loose 
construction principles, while the party out of power 
has stood for strict construction principles, no matter 
what had been its previous belief. 



CHAPTER VI 



THE EXECUTIVE DEPARTMENT 



THE UNITED STATES 

The cliicf executive power is 
vested in a president. 

Qualifications. — A person 
must be thirty-five years of 
aue, a natural born citizen, and 
must have resided in the 
United States fourteen years 
(which need not iunuediately 
precede election) to Vo eligible 
to the office of president. 

Election. — The ])resideut is 
regularly elected on the second 
Monday of January of every 
fourth year by electors previ- 
ously chosen by the voters of 
each state. 



NEW MEXICO 

Tlie sujireme executive power 
is vested in a governor. 

Qualifications. — To be eli- 
gible to the office of governor 
of New Mexico, one must be a 
citizen of the United States, 
thirty years of age, a voter, 
and have resided within the 
slate the five years next pre- 
ceding his election. 

Flection. — The governor of 
New Mexico is regularly elected 
by the voters of the state in 
leap years, on the first Tues- 
day after the first Monday in 
November. 



Define majority. Distinguish between majority 
and plurality. Read Article XII of the Amendments 
to the National Constitution, to learn what occurs 
when the electors fail to elect a President or Vice- 
President. Did electors ever fail to elect a Presi- 
dent ? 

Presidential Election. 

On the first Tueeday after the first Monday in November 
of every leap year the qualified voters of each state choose 
its Electors, wlio are charged with the duty of electing the 
President. The number of electors chosen by any state 
is determined by the total number of senators and representa- 
tives in congress from the state. 

Then on the second Monday of the succeeding January the 

84 




WILLIAM c. McDonald 

Governor of New Mexico 



Executive Department 85 

electors of each state meet at their respective state capitols, 
usually in the office of the Secretary of State, and vote for 
president and for vice-president. 

When they have voted for president, the electors count the 
votes and declare the result. Then they vote for vice-president, 
count the votes and declare the result. 

A certificate certifying that the electors have met, and cast 
their votes, vrith the result thereof, is made out, signed and 
sealed in triplicate; one copy is forv^^arded by mail to the 
presiding officer of the senate and the other copy is carried 
to the same officer by a messenger chosen from the electors 
and the third copy is filed with the nearest district court of 
the United States. 

When these certificates are received at Washington, they 
are placed in a safe in the private office of the president of 
the senate, where they remain until the second Wednesday of 
February, when they are opened in the presence of both houses 
of congress, in the hall of representatives, at one o'clock in 
the afternoon. The president of the senate presides at this 
meeting. Each house has previously chosen two tellers to take 
charge of the certificates, to read them and to tabulate the 
result, which is declared by the presiding officer. 

If there is no contest this ends the proceedings of the joint 
session. The president is not formally notified of his election. 

New Mexico Voting for President. 

On January 13, 1913, the Honorable E, C. de Baca, Las 
Vegas, the Honorable S. D. Stennis, Jr., Carlsbad, and the 
Honorable J. H. Latham, Lake Valley, presidential electors 
for New Mexico, met in the senate chamber at Santa Fe to 
cast the vote of the state for president and for' vice-president. 

The Honorable Antonio Lucero, secretary of state, adminis- 
tered the oath of office required of all state officers. The Hon- 
orable E. C. de Baca stated the purpose of the meeting aim 
then the three men proceeded to cast their votes for president 
After announcing the result, the electors voted for vice- 
president and announced the rciu'.t. 



86 National and New Mexico Constitutions 

Then three copies of a certificate were made, certifying 
that ' * three votes have been cast for Woodrow Wilson for 
president" and *' three votes have been cast for Thomas R. 
Marshall for vice-president." 

One copy of this certificate was mailed by the secretary 
of state to the president of the senate. One copy was carried 
to the same ofiicer by Mr. Stennis, as messenger, and the third 




S. D. STENNIS. JR., E. C. DE BACA, J. H. LATHAM 
New Mexico Votiug for rresident 

copy was deposited with W. H. Pope, Judge of the District 
Court of the United States. 

The Governor and other state ofiicers and many citizens 
from all parts of the state were present during the meeting 
of the electors. 

Method of Choosing Electors. 

There was no uniformity in the method of choosing electors 
at the first presidential election. In five states: Connecticut, 
Delaware, Georgia, New Jersey, South Carolina, the electors 



Executive Department 87 

were chosen by the legislatures. Virginia was divided into 
twelve districts and the people of each district chose one elector. 
Massachusetts was divided into congressional districts and the 
people, at the regular election, voted for candidates for elec- 
tors, and the legislature (the General Court) chose the electors 
from the two persons in each district having the greatest 
number of votes; and two electors at large were chosen in 
like number. In Delaware the people elected, at large, on a 
general ticket, five electors. In New Hampshire none of the 
candidates received, as required by state law, a majority of 
the jiopular vote, hence the legislature chos-e the electors. New 
York's legislature became involved in a quarrel that resulted 
in a deadlock and electors were not chosen. North Carolina 
and Ehode Island had not yet ratified the constitution. 

In the early days of the rejjublic, North Carolina and Ten- 
nessee seemed to have followed the most unique methods of 
choosing electors. In 1792 the legislature of North Carolina 
divided the state into four districts and directed the members 
of the legislature residing in each district to meet and choose 
three electors. In 1796 the legislature of Tennessee divided 
the state into three districts and appointed by name certain 
men in each district to choose the electors for their district. 

By 1836, the choice of electors from districts was discon- 
tinued, to be revived by Michigan in 1892, but the law was 
repealed before the election of 1896, since then the electors 
for every state are elected on a general ticket. 

In the beginning, in a large number of the states, the legis- 
lature chose the electors; but in the election of 1824, in all 
the states except North Carolina, the people chose the electors; 
North Carolina continued to choose her electors by vote of 
the legislature until 1860. After 1824 a state occasionally 
followed the same method, but Colorado, in 1876, was the 
last state in which the legislature chose the electors. 

Notes. 

These statements are made in answer to c^uestions asked 
by intelligent men and women of New Mexico: 



88 National and New Mexico Constitutions 

The votes are not sent to Washington. They are in the pos- 
session of the writer of this book. 

The electors do not go to Washington to vote. 

The electors are not officers of the nation but are state 
ofiicers, paid by the state. 

If they are guilty of fraud they may be punished by the 
state, but not by the nation. 

The president is not elected in November. 

Only three men, in New Mexico, voted for president. 

^ Uleteou dole ^yi H<u}</xovf Ui/j^on /o>i u/iedt'cfen/ 
o/^ /he Clnile<i Q>/aleA of Uime^iica. 



fj <Jleie£ti 'dole ^yi hoo</tovi H*/<uxri /<yi \/ae6i<len/ 
Of Ine Urt*/ie</ Qila/e<i ol^ (Jtrne^ica, 



JANUARYiaiieiS. 



JANUARY 13. ma, 



«y ZK^'X^'U ^le £i-t yioo</xovi Huson /<yt K/ieM</en/ 
c//^e^Ul^</§/<ae6 of(?m 




Scedof anient xAreut ,yH€^ 



The Votes Cast for President by New Mexico's Electors 
These electors received no compensation for their services as 
electors. Mr. Stennis received, from the government of the United 
States, mileage as messenger. 



Executive Department 



89 



Term of ojfice. — The presi- 
dent is inaugurated at noon 
tlie fourth of March next suc- 
ceeding his election and serves 
four years, his term ending 
at noon, March fourth, wheth- 
er his successor has been 
chosen or not. Salary, $75,- 
000. For the care of the 
White House, $50,000. For 
traveling expenses, $25,000. 



The executive duties and 
powers. — The jjresident is 
commander-in-chief of the 
army and navy and of the 
state militias when they are 
in the service of the United 
States. During the times of 
peace, the president must be 
guided by the ordinary or 
civil law, but in times of war, 
military necessity is almost 
the only law restraining the 
president. With the advice 
and consent of the senate, he 
appoints his cabinet, the am- 
bassadors, ministers, and all 
other foreign representatives 
of the government, and the 
judges of the Federal courts, 
the important postmasters, 
and many other officers. He 
has power to grant reprieves 
and pardons before and after 



Term of office. — The gover- 
nor holds office four years 
from the first of January 
next after his election and 
until his successor is elected 
and qualified. Salary, $5,000. 
Contingent expenses, $5,000. 
The governor forfeits his sal- 
ary while absent from the 
state or disqualified from 
performing his duties, to the 
one who performs the duties 
of the office during his ab- 
sence or disqualification.' 

The executive duties and 
powers. — Th e governor i s 
commander-in-chief of the 
militia when it is not in the 
service of the national gov 
ernment. He may use the 
militia in executing the law 
or in suppressing insurrection. 
He appoints with and by the 
consent of the senate many 
of the non-elective executive 
officers of the state. He is 
authorized to fill vacancies in 
all elective state offices except 
lieutenant-governor and such 
appointees shall hold until the 
next general election, when 
their successors are chosen; 
in like manner he fills vacan- 
cies in the offices of the judges 
of the supreme and district 
courts, and district attorney 
and county commissioners; 



90 National and New Mexico Constitutions 

conviction, and even before and when the district court 
arrest, except in case of im- suspends or removes an officer, 
peachment. (Look up the is authorized to fill the vacancy. 
Amnesty proclamation in He grants reprieves, commuta- 
your history.) tions and pardons after con- 

viction for all offenses except 
for treason and in cases of 
impeachment. 

The act of appointment to important offices con- 
sists of three steps: nomination, confirmation, and 
commission. In minor offices, the act of confirmation 
is usually omitted. 

The executive department nominates and com- 
missions. 

The Senate confirms. In case it fails to confirm, a 
nominee fails of appointment. 

To reprieve is to postpone the execution of a pen- 
alty fixed by a court. 

To commute is to change, to lessen, the penalty. 

To pardon is to release from the penalty. 

On extraordinary occasions. On extraordinary occasions, 

he may convene congress and he may convene the legislature 

may also prorogue it when the but is not given the authority 

two houses of congress are to prorogue it. 
unable to agree on the date 
of adjournment. 

To convene, to prorogue, to dissolve a legislative 
body are executive powers. 

To convene a legislative body is to call it into ses- 
sion. 

To prorogue it is to adjourn it. 

To dissolve it is to terminate the terms of its mem- 
bers. 



Executive Department 



91 



At present the executive of state or nation has no 
'power to dissolve a legislative body, but during co- 
lonial times this power was frequently exercised by 
colonial governors. 

He addresses congress by 
means of a message at the be- 
ginning of every session and 
at other times, on the condi- 
tion and needs of the nation, 
and on foreign relations of 
the United States. 

Legislative poivers and du- 
ties. — When a bill has passed 
both houses of congress it is 
sent to the president for his 
consideration. If he approve 
of the measure he signs the 
bill, which then becomes a 
law. But if he does not favor 
the bill he vetoes it; that is, 
he returns it without his sig- 
nature to the house in which 
it originated, together with 
his objections. Or if he re- 
tain the bill more than ten 
days it becomes a law without 
his signature, provided that 
congress remains in session 
during the ten days. This is 
a ' ' pocket approval. ' ' 

The executive in neither 
state nor nation has the right 
to veto a proposed constitu- 
tional amendment. When the 
president disapproves a bill 
and returns it to the house in 



lie sends messages to the 
legislature advising the mem- 
bers of the needs of the state. 
He is an important member 
of many boards, such as the 
board of equalization. 

Legislative powers and du- 
ties. — When both houses of 
the legislature have passed a 
bill, it is then sent to the gov- 
ernor. The governor may 
have three days in which to 
consider the bill. If he ap- 
prove of it, he signs it; but 
if he disapprove of it, he re- 
turns it to the house in which 
it originated, with his objec- 
tions and without his signa- 
ture. If each house repass 
the bill by a two-thirds ma- 
jority of those present and 
voting, provided a quorum is 
present, the bill becomes a 
law without the governor's 
signature. If he retains the 
bill more than three days, it 
becomes a law without his 
signature. A bill presented 
to the governor during the 
last three days of the session 
sliall bo ap]U'oved and signed 



92 National and New Mexico Constitutions 



which it originated, it may 
by a two-thirds vote of each 
house, provided a quorum is 
present, be passed over his 
veto. Speaker Cannon says: 
"It is the general under- 
standing that the president 
may not sign or veto a bill 
after the expiration of a con- 
gress or after a final adjourn- 
ment of a session (excepting 
adjournment for a recess like 
the holiday recess). 



In treaty-making the presi- 
dent, through the secretary 
of state, formulates a treaty, 
which, when ratified by two- 
thirds of the senators present 
when these constitute a quo- 
rum, becomes a law of the 
land. 

Congress has authorized 
the president, or members of 
his cabinet, to make rules and 
regulations that have all the 
force of law. 



by him Avithin six days afte 
the adjournment of the legis- 
lature or such bill does not be- 
come a law. 

When the thirteen colonies 
emerged into statehood, they 
remembered the tyrannical 
use of power exercised by the 
royal governors and as a con- 
sequence limited the powers 
of their governors to a great 
extent. Only two states, Mas- 
sachusetts and New York, 
gave the veto power to the 
governor. Now every state 
except North Carolina has 
established the veto power. 
In large bodies it is diflicult 
to place the responsibility for 
vicious legislation, but the 
governor, who is elected by 
the whole people, cannot shift 
responsibility for signing bad 
laws enacted during his in- 
cumbency in office. 



Judicial Duty and Power 



93 



The president must approve 
Or disapprove the entire bill. 
This permits ''riders" to im- 
portant bills which compels 
(he president to approve of 
objectionable matter that the 
more important features of 
the bill may become law. 

Judicial duty and power. — 
When a court-martial has 
tried an offender against the 
military or naval law, it is 
the president's duty to re- 
view and approve or disap- 
prove the findings of the 
court. This is purely a judi- 
cial act. After approval he 
may use executive clemency 
and pardon the offender or 
commute the sentence. 

Order of succession. — In 
ease of the removal, death, 
resignation, or permanent in- 
ability of the president, the 
vice-president assumes the 
title, salary, powers and du- 
ties of the president, thus 
creating a vacancy in the of 
fice o f vice-president, t o 
which no one succeeds. 



In case of the death, re- 
moval, resignation or inabil- 
ity of both president and vice- 
l)resident, there is no order 
of succession to the presiden- 



The governor may veto any 
item or items of any bill mak- 
ing appropriations of money. 



Judicial duty and power. 
— When a member of the mili- 
tia violates the military laws 
of the state he is tried by 
a court-martial, and the gov- 
ernor must approve or disap- 
prove the findings of the 
court. As in the case of the 
president, he may use his ex- 
ecutive power after he has 
exercised his judicial power. 

Order of succession. — In 
ease of the death, impeach- 
ment, resignation or other 
disability, as absence from 
the state, of the governor, 
the powers, duties and emolu- 
ments of the of&ce devolve 
upon the lieutenant-governor 
for the residue of the term, or 
until the governor returns to 
the state or other disability is 
removed. 

In case of the death, resig- 
nation, absence from the 
state or other disability of 
both the governor and lieu- 
tenant-governor, the secretary 



94 National and New Mexico Constitutions 



cy, but a member of the cab- 
inet acts as president until 
the disability of the president 
or vice-president is removed 
or until a president is elected. 
The right to act as president 
devolves upon certain mem- 
bers of the cabinet in the fol- 
lowing order: Secretary of 
State, Secretary of the Treas- 
ury, Secretary of War, Attor- 
ney-General, Postmaster-Gen- 
eral, Secretary of Navy, Sec- 
retary of the Interior. 

A cabinet officer cannot as- 
sume the duties of president 
unless he has been confirmed 
by the senate and is eligible 
to the office of president un- 
der the constitution. In case 
a cabinet officer who is acting 
as president resigns his cab- 
inet office, he forfeits his right 
to perform the duties of the 
office of president. A cabinet 
officer acting as president 
would probably receive the 
president's salary. 

The law provides that con- 
gress shall be in session twen- 
ty days after a member of the 
cabinet assumes the duties of 
president. Congress may then 
proceed to provide for the elec- 
tion of a new president, or per- 
mit the acting-president to com- 
plete the unexpired vacancy. 



of state shall act as governor, 
during such disability or ab- 
sence from the state. If there 
be no secretary of state, or 
if the secretary be absent from 
the state, or unable to per- 
form the duties of his office, 
the president pro tempore of 
the senate shall in like man- 
ner act as governor. In case 
of a vacancy in the office of 
governor, the lieutenant-gov- 
ernor succeeds to that office, 
leaving a vacancy in the of- 
fice of lieutenant-governor, to 
which there is no succession. 
Whoever performs the duties 
of the office of governor re- 
ceives the governor's salary. 



Executive Department 



95 



Secretary of state. — This 
office was the result of a grad- 
u a 1 evolution. November, 
1775, the Continental Con- 
gress appointed a ' ' Commit- 
tee of Secret Correspondence ' ' 
which was essentially a com- 
mittee on foreign affairs. In 
1777 this committee was 
changed to the ' ' Committee of 
Foreign Affairs, ' ' with 
Thomas Paine as its first Sec- 
retary. In 1781 the Depart- 
ment of Foreign Affairs was 
created and Eobert E. Liv- 
ingston was appointed Secre- 
tary of Foreign Affairs. John 
Jay succeeded him and con- 
tinued in office until 1789, 
when the name of the depart- 
ment was changed to the De- 
partment of State and the sec- 
retary was styled the Secre- 
tary of State. Jay served as 
Secretary of State until 
March 22, 1790, when Jeffer- 
son succeeded him. 

The secretary has charge of 
the great seal of the nation, 
the engrossed copies of all 
laws and the original copies 
of treaties. Under the direc- 
tion of the president he con- 
ducts all foreign correspond- 
ence and has general super- 
vision of the diplomatic corps. 

Salary, $12,000. 



Secretary of state. — He 
must be thirty years of age 
and must have lived in the 
state for the five years next 
preceding his election and pos- 
sess all the qualifications of 
a voter. He has charge of 
the original copies of all laws, 
which he publishes and dis- 
tributes to the proper officers 
throughout the state. He 
conducts all official corre- 
spondence with other states 
and with the United States. 

The secretary has general 
supervision over all state 
elections and exercises judi- 
cial powers in certain matters 
pertaining thereto. He may 
make rules that have the 
force of law, in regard to the 
questions of procedure in his 
office. He is custodian of all 
public documents of the state. 

The great seal of the state 
is in his custody. He is not 
eligible to be his own imme- 
diate successor. 

Term, four years. 

His salary is $3,000. 



96 National and New Mexico Constitutions 



Secretary of the treasury. — 
Early in 1775 the continental 
congress took steps towards 
forming a treasuiy depart- 
ment. Treasurers were ap- 
pointed with a committee of 
congress to superintend their 
work. The first of April, 1776, 
a treasury office of accounts 
was established with an audi- 
tor-general in charge. After 
various changes, the new gov- 
ernment established, Septem- 
ber 22, 1789, the department 
of the treasury, with a sec- 
retary of the treasury in 
charge. Alexander Hamilton 
was appointed secretary. 

The secretary has general 
supervision of the finances of 
the government. He issues 
warrants on the treasurer, on 
the order of congress, to pay 
the debts of the government. 

Because of his relation to 
the finances and taxes, the 
secretary has always been a 
very important officer. Eob- 
ert Morris, Hamilton, Galla- 
tin, Chase and Sherman have 
generally been ranked as the 
great financiers and secre- 
taries. The duties performed 
by the secretary of the treas- 
uiy and his subordinates are, 
in the state, performed by the 
state auditor, traveling audi- 
tor and state treasurer. 



Auditor of state. — The audi- 
tor must be a voter, at least 
thirty years of age, and a res- 
ident of the state the five 
years next preceding his elec- 
tion. He is the general ac- 
countant of the state. He 
audits (this is a judicial 
duty) and settles most of the 
accounts against the state and 
draws warrants upon the state 
treasurer when directed by 
law to do so. He is not eli- 
gible to be his own immedi- 
ate successor. Salary, $3,000. 
Term, four years. 

The traveling auditor and 
bank examiner has supervision 
of the books of all state of- 
ficers and officers of the state 
institutions, counties, banks 
and other moneyed institu- 
tions; and must make an ex- 
amination of the financial 
accounts of such officers. Sal- 
ary, $3,000. Term, four years. 

State treasurer. — The treas- 
urer must possess the qualifi- 
cations required of the secre- 
tary of state and the auditor. 
He is not eligible to be his 
own immediate successor. The 
treasurer has charge of cer- 
tain moneys belonging to the 
state and disburses the same 
upon the order of the auditor. 

Salary, $3,000. Term, four 
years. 



Executive Department 



97 



Secretary of war. — He has 
charge of the affairs of the 
army under direction of the 
president. 

He superintends the pur- 
diase and distribution of sup- 
plies and military stores. 

All river and lake improve- 
ments are under his direction. 
For convenience his depart- 
ment is divided into ten 
bureaus, each having its spe- 
cial duty. 

The Board of Engineers for 
rivers and harbors is under 
the control of the secretary. 

Attorney-general. — It is his 
duty to give legal advice to 
the president and the heads 
of the departments. 

There are a number of as- 
sistants in this department 
who aid in the prosecution of 
all cases before the supreme 
court or the court of claims 
to which the United States is 
a party. 

Postmaster-general. — He 
has general supervision of the 
mail. 

Secretary of the navy. — Un- 
der the direction of the presi- 
dent, the secretary of the 
navy has charge of all naval 
affairs. 



Adjutant-general. — He has 
charge of the militia under 
the charge of the governor. 
He has the rank of brigadier- 
general and is chief of staff. 
He issues all orders from the 
commander-in-chief, and also 
serves as quartermaster-gen- 
eral, commissary general and 
inspector general, in time of 
peace. 

Salary, $2,400. 

State Engineer. — This of- 
ficer has general direction 
over all bridge and road build- 
ing and waterways of the 
state. 

Attorney -general. — He is 
the legal advisor of all state 
officials and district attorneys 
of the several districts. He 
represents the state in all 
cases before the supreme 
court to which the state is a 
party. 

He holds office four years 
and receives $4,000 annually. 



98 National and New Mexico Constitutions 



Secretary of the interior. — 
This department issues pat- 
ents, takes the census, and 
looks after public lands and 
interior affairs. It has gen- 
eral supervision over the com- 
missioner of patents; pen- 
sions; land office; Indian af- 
fairs ; education ; geological 
survey ; reclamation service, 
and the bureau of mines. 

One of the greatest works 
of the government, the con- 
servation of national re- 
sources, is under the immedi- 
ate control of this depart- 
ment. This work extends to 
conservation of public lands; 
soil; mineral resources; for- 
ests; water power and water- 
ways. The almost criminal 
waste of the great natural re- 
sources of the country has 
made this line of work im- 
perative. 

The secretary of the inte- 
rior is the last officer named 
in the statute authorizing cab- 
inet officers to act as presi- 
dent in the case of the death 
or disability of both president 
and vice-president. 

Commissioner of education. 
— He is an officer of the de- 
partment of the interior. He 
gathers statistics concerning 



Land commissioner. — The 
commissioner of public lands 
shall select, locate, classify 
and have the direction, con- 
trol, care and disposition of 
all public lands subject to the 
acts of congress and the pro- 
visions of state law. He may 
be his own immediate suc- 
cessor. Salary, $3,000. 

All salaries and expenses of 
the state land offices are paid 
from a fund derived from set- 
ting aside twenty per centum 
of the income received from 
state lands. 

State .Board of Equaliza- 
tion. — This board consists of 
the governor, traveling auditor, 
state auditor, secretary of 
state, and attorney general. 
It determines the value, for 
the purposes of taxation, of 
railroad property, express, 
sleeping car, telegraph, tele- 
phone, and other transporta- 
tion or transmission com- 
panies, certifying to the value 
thereof to the county and 
municipal taxing authorities. 
It also equalizes the taxes be- 
tween the various counties for 
the purposes of state taxation. 

Superintendent of pvMic 
instruction. — He is the chief 
executive officer of the public 
school system and an ex- 



Executive Department 



99 



the progress of education and 
publishes reports that are 
helpful to teachers. 



Pension bureau. — This bu- 
reau is under the immediate 
control of the commissioner of 
pensions. Since the begin- 
ning of the civil war this de- 
partment has paid to invalid 
soldiers of that conflict $4,- 
129,699,071.99, an amount 
four times that of the public 
debt. This bureau has vast 
interests to superintend. 

Secretary of agriculture. — 
This officer's duty is stated 
in the law as follows : ' ' To 
diffuse among the people use- 
ful information on subjects 
connected with agriculture. ' ' 



Secretary of commerce. — 
This officer has under his su- 
pervision a number of bu- 
reaus, among which are the 
following: bureau of the cen- 
sus, bureau of corporations, 
bureau of foreign and domes- 



officio member of the state 
board of education, whose 
rules he enforces. He has gen- 
eral supervision over the 
school affairs of the state and 
interprets all school laws. He 
is eligible to be his own im- 
mediate successor. 

Salary, $3,000. Term, four 
years. 

State Board of Education. 
— This board has control, man- 
agement, and direction of all 
public schools under such regu- 
lation as may be provided by 
law. Its duties are largely 
legislative and judicial. Its 
rules and decisions are exe- 
cuted by the superintendent of 
public instruction and his 
subordinates. 

New Mexico has a number 
of boards such as the cattle 
sanitary board, sheep sanitary 
board, etc., that have to do 
with questions of farm and 
ranch life and perform part 
of the duties that are per- 
formed in the national depart- 
ment of agriculture. 

Corporation commission. — 
Three members compose this 
commission, one of which is 
chosen chairman. It issues 
articles of incorporation, has 
general supervision over all 
corporate bodies within the 



100 National and New Mexico Constitutions 



tic commerce. The work of 
the last-named bureau is of 
great importance in building 
up our foreign trade. At the 
request of the president or 
congress it may also investi- 
gate industrial conditions at 
home and abroad and their re- 
lation to cost of living, wages, 
etc. 

This department, as a part 
of the department of com- 
merce and labor, was created 
in 1903, and remained thus 
until 1913, when the labor or- 
ganizations secured legisla- 
tion separating the depart- 
ments. 

Secretary of I ah o r. — In 
1903 a separate department 
of commerce and labor was 
created by joining a number 
of bureaus with the bureau 
of labor. In 1913 the depart- 
ment of labor was established. 
This department now has con- 
trol of the bureaus of immi- 
gration, naturalization, labor 
statistics and children's bu- 
reau. It supervises immigra- 
tion, enforcing laws relating 
to same, and to the Chinese 
exclusion act; gathers and 
publishes information regard- 
ing labor interests, conditions, 
disputes, etc., in this and 
other coimtries ; supervises the 



state, and supervises and reg- 
ulates charges and rates of all 
public service companies. 
Salary of each, $3,000. 



Executive Department 101 



carrying out of congressional 
acts regulating payment for 
injuries among artisans and 
laborers received while em- 
ployed; and supervises child 
labor and naturalization laws. 
Whenever the interests of the 
country demand it, the secre- 
tary of labor may act as me- 
diator in labor disputes or 
choose a commission to do so. 



CHAPTER VII 



JUDICIAL DEPARTMENT 



The following statements about the judicial, ex- 
ecutive and legislative power of the courts hold for 
either state or nation. 

Judicial Duty.— It is the duty of the court to 
apply the law, to declare it void when it is not in 
harmony with the constitution, to declare what is 
the law, and to interpret the law. 

Executive Duty. — The court is allowed to appoint 
some of its executive officers, the clerk, court re- 
porter, etc. 

Legislative Duty. — The accepted theory is, that 
the courts have no legislative power. 

Professor Ely, in his "Socialism and Social Re- 
forms," has called attention to the result of the 
modern tendency to enlarge our constitutions un- 
duly, ''the result * * * has been to enlarge 
unduly the functions of the judiciary;" ''and it is 
unfortunate for society to entrust to judges what 
are, in reality, legislative functions. ' ' The provisions 
are more or less general and the judges must say 
what they mean in special cases, and then apply 
them according to their own judgment. 

In discussing the common law. Walker says: 
"Theorize as we may, it has been made from first to 
last by judges." "It is the stupendous work of 

102 



Judicial Department 103 

judicial legislation." He supposes a ease presented 
to the court for which there is no law, either statu- 
tory or common, and no case analogous to it can be 
found. The judge "must either let a wrong go unre- 
dressed, or make a law to meet the exigency." 

The great body of law is not found in statutes 
and constitutions but in the reports of judicial de- 
cisions. 

Judicial power is vested in the senate, acting as 
a high court to try cases of impeachment, in the 
supreme court and inferior courts formed by con- 
gress, and in court martial. 

The supreme court is provided for by the con- 
stitution, but congress has established the inferior 
courts. 

Jurisdiction. — Jurisdiction is the right or power 
of a court to hear causes and execute justice. The 
jurisdiction of a court is the limitation put upon it 
by the constitution or statutes, and extends to per- 
sons, places, and causes. Jurisdiction is of two 
kinds — appellate and original. The court in which 
a cause must originate is said to haVe original juris- 
diction. The court that may review a cause decided 
by a lower court has appellate jurisdiction. When 
an appeal cannot be taken from the decision of the 
court, it is said to have final jurisdiction. "When 
two courts have jurisdiction over the same causes, 
they are said to have concurrent jurisdiction. Either 
the statutes or the constitution specifies what is the 
extent and kind of jurisdiction that the different 
courts may exercise. 



104 National and New Mexico Constitutions 

In the common law practice of the courts there 
are two ways of transferring a case to a court of 
appellate jurisdiction, by appeal and by a writ of 
error. When a case is appealed, the court having 
appellate jurisdiction tries the whole case without 
reference to the proceedings of the former court. 
And when a case is taken to a higher court upon 
writ of error, the higher court has jurisdiction of 
questions of law and procedure only. In New Mex- 
ico the result is the same whether the case is ap- 
pealed or carried up on writ of error. 

Judicial power of New Mexico is vested in the 
senate, in a supreme court, district court, courts of 
justices of the peace, and in such other inferior 
courts as may be established by the legislature. 



Senate of nation. — The sen- 
ate tries all eases of impeach- 
ment. When the senate is 
sitting as a court the members 
are on oath to do justice. The 
concurrence of two-thirds of 
a quorum present and voting 
is required to convict. One 
president and several judges 
have been impeached, but the 
senate failed to sustain the 
impeachment of the president. 

Supreme court. — The su- 
preme court is composed of a 
chief justice and eight asso- 
ciate justices, appointed by 
the president, to serve during 
good behavior. The chief jus- 



Senate of state. — The sen- 
ate has exclusive jurisdiction 
of all cases of impeachment. 
The senators when sitting as 
judges are on oath or affirma- 
tion to do justice. The con- 
currence of two-thirds of the 
senators elected is required to 
convict. 



Supreme court. — Three jus- 
tices elected by the people 
constitute the supreme court. 

The term of office is eight 
years and salary is $6,000. 
The judge whose term first ex- 



Judicial Department' 



105 



tice receives $15,000 and asso- 
ciate justices each $14,500. 

Chief justices of the 
U n it c d States. — John Jay 
served 5 years, John Rut- 
led^e served 3 months, Oliver 
Ellsworth served 3 years, 
John Marshall served 35 
years, Roger B. Taney served 
28 years, Salmon P. Chase 
served 9 years, Morrison R. 
Waite served 13 years, Mel- 
ville W. Fuller served 24 
years, Edward D. White, the 
present chief justice, has 
served since 1910. 

Executive duty. — The court 
appoints its clerk, reporter 
and marshal, who are the ex- 
ecutive officers of the court. 

Jurisdiction. — The supreme 
court has original jurisdiction 
of all cases that affect am- 
bassadors and other foreign 
representatives and of cases 
to which a state is a party. 

It has appellate jurisdiction 
in all cases involving the jur- 
isdiction of a lower court, in- 
famous crimes, the construc- 
tion of the national constitu- 
tion, the constitutionality of 
a law of congress or of a 
state, and the meaning of a 
treaty. 



pires is chief justice, provided 
that he has been elected for 
the full term of eight years. 
No person shall be eligible 
to the office of supreme judge 
unless he be a lawyer and 
have practiced at least three 
years, including whatever time 
he may have served as judge 
of an inferior court. He must 
be at least thirty years of 
age, a citizen of the United 
States and must have been a 
resident of this state for at 
least three years. 



Executive duty. — The 
judges appoint a reporter, a 
bailiff and a clerk, who act as 
executive officers of the court. 

Jurisdiction. — The supreme 
court has original jurisdiction 
of all cases of quo-warranto 
and mandamus as to all state 
officers, and in habeas corpus. 
A quo-warranto is a writ from 
the court requiring an officer 
to show by what authority he 
holds office, or requiring a cor- 
poration to show by what 
right it exercises certain pow- 
ers. Mandamus is a writ com- 
manding an inferior court or 
other officer or 2orporation to 
perform certain acts. 



106 National and New Mexico Constitutions 



Judicial circuits. — The 
United States is divided into 
nine circuits. There are 
twenty-nine circuit judges, — 
four each in circuits two, 
seven and eight; two in cir- 
cuit four, and three in each of 
the remaining circuits, and five 
additional circuit judges that 
were appointed to hold the 
court of commerce. Since it 
has been practically elimi- 
nated these judges have been 
assigned to duty in the cir- 
cuit court of appeals. 

The supreme court allots 
one of the supreme court jus- 
tices to each circuit; in ref- 
erence to his circuit duties 
he is called circuit justice; 
while the other members of 
the court are called circuit 
judges. A district judge may 
act as a circuit judge. Court 
may be held by any two of 
the judges. In the absence 
of the circuit justice or the 
circuit judges, district judges 
may hold the court. 

The circuit court, which was 
created in the early days of 
the republic, was abolished by 
the judicial code of 1912 and 
its duties and powers were 
transferred to the district 
courts. (This was a court of 
original jurisdiction.) 



The appellate jurisdiction 
of the supreme court extends . 
to all questions decided by the 
district courts. 



Judicial Department 



107 



The circuit court of appeals 
hears appeals from the dis- 
trict courts. It may re- 
view the decisions of these 
courts that are not reviewed 
by the supreme court, and in 
many cases its decisions are 
final; as in patent, revenue 
and criminal cases. Each 
court has three judges, any 
two of whom constitute a 
quorum. The circuit judges 
and the district judges of any 
circuit are competent to sit 
in this court. But the dis- 
trict judge can sit only in' 
the absence of one or more 
of the other judges. The sal- 
ary of a circuit judge is 
$7,000. 

District Courts.* — The judi- 
cial code of 1912 provides for 
seventy-five district courts and 
eighty-six judges. The salary 
of the district judge is $6,000. 
These courts have original 
jurisdiction over all cases that 
may arise under the constitu- 
tion, laws and treaties of the 
United States. Their appellate 
jurisdiction is limited to de- 
cisions of court commissioners 
in cases arising under the 
* * Chinese Exclusion Act ' ' and 



District courts. — The state 
is divided into eight districts 
and one judge is elected in 
each district, except the fifth, 
which has two judges. A dis- 
trict judge must possess the 
same qualifications as a judge 
of the supreme court. Salary, 
$4,500. 

These courts have jurisdic- 
tion of all cases not given to 
some other court, and appel- 
late jurisdiction of all cases 
decided in the inferior courts 



* In 17S9 congress passed a law organizing Inferior courts. 
Wliile it established the circuit and district courts, it provided for 
only two sets of judges, — judges of the supreme and district courts. 
The circuit court was held by a supreme and a district judge. 



108 National and New Mexico Constitutions 



the ' ' Yellowstone National 
Park Act." 

Commissioner. — To lighten 
the burdens of the courts and 
bring justice closer to the peo- 
ple, congress has provided 
commissioners who correspond 
to justices of the peace in the 
states. 

Accused persons are taken 
before a commissioner, who 
determines whether the pris- 
oner shall be held for the 
United States grand jury. 

They are appointed by the 
district judge, who may ap- 
point as many commissioners 
as his judgment dictates. Their 
jurisdiction extends to the 
state in which they live. They 
receive fees for their services. 



Other courts. — The creditors 
of the nation cannot sue it, 
but congress has established 
a court of claims to try cer- 
tain claims against the United 
States. When this court de- 
termines the government owes 
the amount, congress must ap- 
propriate the amount of the 
claim before it can be paid. 

A special court has been 
formed for the District of 
Columbia and each territory 
has a system of courts. 



within their several districts. 

Justice of the peace. — This 
officer presides over a county 
court. This court has concur- 
rent jurisdiction with the dis- 
trict court in all civil cases 
when the amount does not ex- 
ceed $200. He has jurisdic- 
tion over all offenders against 
the law, and can require them 
to be brought into his court. 
In cases less than felony 
where the penalty does not ex- 
ceed $100 fine or six months 
imprisonment, he may make 
final disposition of the case, 
but in the more important 
cases, if satisfied of the pris- 
oner's guilt, he commits him 
to jail or releases him on bail 
to await the meeting of dis- 
trict court. 

Other courts. — Municipal 
courts are established in every 
incorporated city or town, 
with jurisdiction over offenses 
against the ordinances of the 
municipality. The council 
may designate one justice of 
the peace to be magistrate. 
The mayor with the consent 
of the council appoints the 
judge, who is called police 
magistrate. 



Judicial Department 109 



Court of customs appeals. 
— It was established in 1909, 
and consists of a presiding 
judge and four associate 
judges. Any three members 
constitute a quorum. This 
court is always open for busi- 
ness. Its sessions may be held 
in the judicial circuits or any 
place the court may desig- 
nate. 

This court has exclusive ap- 
pellate jurisdiction over the 
decisions of the Board of 
United States General Ap- 
praisers and over all appeal- 
able questions as to the col- 
lection of the customs reve- 
nues, its decisions being final. 
Salary, $7,000. 

Commerce court. — Provided 
for in 1910. According to 
Chief Justice White it was 
intended to be but part of a 
system for the regulation of 
interstate commerce, to make 
this work more efficient. This 
court was in action for a brief 
time, but was practically 
abolished by the appropria- 
tion act of August 23, 1912, 
which limited its appropria- 
tion until March, 1913. The 
court cannot resume its duties 
until there is further legisla- 
tion. 



110 National and New Mexico Constitutions 



Executive officers. — The ex- 
ecutive oflBcers of the differ- 
ent courts are the marshal, 
the clerk, and the court re- 
porters. The marshal serves 
the writs and subpoenas and 
brings criminals into court; 
the marshal of the circuit and 
district courts is appointed by 
the president. 

The clerk, who is appointed 
by the court, keeps a record 
of all cases brought before the 
court and the disposition 
made of the same. The court 
reporter is appointed by the 
court. It is his duty to report 
and publish the decisions of 
the court. 



Executive officers. — The 
chief executive officers of the 
courts are sheriff, clerk, re- 
porter, bailiff, and constable. 
The duties of these officers 
will be given in the following 
pages. The reporter and 
clerk of the supreme court are 
appointed by the court; but 
the sheriff, clerk of district 
court, and constable are 
elected. 



CHAPTER VIII 

DISTRICT, MUNICIPAL, AND PRECINCT OFFICERS 

District Attorney. — There is no prosecuting attor- 
ney among tlie county officers of New Mexico, but 
the district attorney is the law officer of the state 
and of counties within his district. There are eight 
judicial districts in the state, each presided over by 
a district judge and a district attorney. The dis- 
trict attorney must be learned in the law, and must 
have been a resident of New Mexico for the three 
years next preceding his election, and must be a 
resident of the district for which he is elected. If 
necessary, the legislature may provide for additional 
district judges and attorneys for judicial districts. 
At present there are eight district attorneys, seven 
receiving a salary of $3,000 ; one, a salary of $2,750. 
The state pays $1,000, the balance being contributed 
by the counties. Term, four years. 

The County. — The county is the political unit of 
the state, created by the legislature to facilitate state 
government. 

The county is a miniature state, exercising all the 
powers of government. The right to perform these 
powers has been delegated to the counties by the 
legislature. In form of government it is a dele- 
gated, limited oligarchy, the county commissioners 
being the real rulers. But in spirit the county is a 

111 



112 County Officers 

very democratic institution and comes nearest being 
self-government. 

For determining salaries of the county officers 
the legislature divides the counties into classes, ac- 
cording to the taxable property in the county, or 
according to the amount of labor required of the 
county officers. 

COUNTY OFFICERS 

County Commissioners. — In each county there are 
elected three commissioners, who exercise executive, 
legislative and judicial duties. They are all elected 
at once and serve four years. Salary 

Legislative Duty. — The commissioners levy taxes 
and determine how the money shall be spent. They 
order roads to be constructed and bridges and build- 
ings to be built. The legislature has delegated to 
the county commissioners power to legislate in many 
matters of local interest. 

Executive Duty. — The commissioners fill any va- 
cancy that may exist in the other county offices, 
if that vacancy is the result of resignation or death 
or failure to qualify. 

They oversee public improvements and appoint 
certain persons to take care of public property, ex- 
amine and compare the accounts of county clerks 
and treasurers. 

A vacancy in the office of county commissioner is 
filled by the governor. 

Judicial Duty. — The county commissioners must 
try every account against the county except in cases 
where the amount is fixed by law or determined by 



County Officers 113 

some other officer. The proceedings of the board 
are in many respects those of a court of special and 
inferior jurisdictions. 

Clerk. — The county clerk acts as the clerk of the 
board of commissioners. He issues and keeps a rec- 
ord of all licenses. He issues warrants on the county 
treasurer, but such warrants must be signed by the 
chairman of the board of commissioners and coun- 
tersigned by the clerk. 

Deeds and mortgages are recorded in his office. 

He is the official clerk of the district court and 
keeps a record of all cases commenced in the court, 
issues all writs and summons, and records all judg- 
ments. When the county clerk acts ex officio as 
clerk of the court he receives no extra compensation. 
Term, four years. 

Surveyor. — The surveyor makes all surveys for 
the county and is required to keep in his office a 
plat and record of all official surveys made by him. 
Term, four years. 

Superintendent of Schools. — He is the chief school 
officer of the pounty and has supervision of all schools 
in the county outside of incorporated cities, towns 
and villages, subject to the rules and regulations of 
the State Board of Education. He must make report 
of the condition of the schools in his respective county 
to the superintendent of public instruction. He ap- 
portions the school funds to the various districts in 
his county and approves all expenditures of district 
funds. This officer is elected for four years and is 
ineligible to succeed himself. 



114 County Officers 

Sheriff. — It is the sheriff's duty to preserve the 
peace, to serve and execute all processes, writs, pre- 
cepts and orders issued by any court of record in 
his county. He holds office four years. 

Treasurer. — The treasurer has charge of the 
county funds, which he pays out on the order of 
the county commissioners, as certified by the clerk. 
He collects the taxes and keeps account of all re- 
ceipts and expenditures. Term, four years. 

Assessor. — The assessor makes a list of all taxable 
property at its full value, unless a minimum limit 
has been put upon the valuation by the state board 
of equalization, and reports to the county commis- 
sioners. Term, four years. 

Coroner. — New Mexico has no coroner, but the 
justice of the peace performs the duty of coroner. 
When it may appear that a death has been caused by 
violence or other unlawful means, it is the duty of 
the justice of the precinct in which it happens to 
summons a jury of six men to inquire into the cause 
of the death. Their verdict must be filed with the 
probate judge. In the absence of the justice of 
the precinct, any other justice of the county may act. 

Probate Judge. — The probate judge has charge of 
the settling of the estates of deceased persons and 
the appointing of guardians and administrators to 
manage the persons and estates of minors and luna- 
tics. Disputed claims and legal questions iv^ay be 
decided by the probate judge assisted by a jury of 
six men of his choosing, which decision may be 
appealed. 



Town and City Officers 115 

The legislature is authorized to confer upon the 
probate court of any county general civil jurisdic- 
tion co-extensive with the county. The legislature 
has not yet conferred this jurisdiction (1914). 

No county officer except the clerk and probate 
judge can succeed himself, provided he has served a 
full term of four years. 

' PRECINCT OFFICERS 

Justice of the Peace. — The county commissioners 
determine the number of justices to be elected in 
their respective counties. This officer receives no 
salary but is paid by fees determined by the 
legislature. 

Constable. — The constable holds the same relation 
to the justice's court that the sheriff holds to the 
district court. 

The foregoing precinct officers are elected in odd 
years to serve for two years. The election takes 
place the second Monday in January of every other 
year, the officers qualifying the first Monday in 
February. 

OFFICERS OF TOWNS AND CITIES 

All legislative power of the state is vested in the 
state government. Frequently the needs of a certain 
part of the state become so various and complex 
because of its increasing business and population 
that the legislature incorporates it as a city or town ; 
that is, gives it a government with power to legis- 
late upon questions of local importance, and power 
to execute the laws. This government can exercise 



116 Town and City Officers 

delegated power only, and the state may change or 
abolish it altogether. 

In the cities and towns of this state the elective 
officers are the mayor, council, city clerk, and treas- 
urer. The mayor nominates the appointive officers 
and the council may accept or reject. 

Mayor. — The mayor is the chief executive officer 
of the city or town. He presides at the meetings 
of the town council and has a vote in case of a tie. 
He also has a veto power. In three days after a 
legislative act has passed the council he may dis- 
approve the same, but the act may be passed over 
his veto by a two-thirds majority. 

In case of a vacancy in his office the council may 
order a special election as soon as practicable to fill 
vacancy. 

Council. — The council is the legislative branch of 
municipal government. It has the power to levy 
taxes and appropriate money for the improvement 
of streets and for other purposes that pertain to 
the general welfare. It has power to remit fines. 

Clerk. — The clerk has custody of all laws and 
ordinances and acts as secretary to the council. He 
issues all warrants on the treasury. 

Marshal. — The marshal has control of the police 
and makes arrests for disturbances of the peace. He 
is the chief officer to execute orders of the police 
magistrate. 

Treasurer. — The treasurer has charge of all 
moneys belonging to the corporation. He receives 
and takes care of moneys belonging to the city. 



Town and City Officers 117 

SCHOOLS 

Boards of Education. — In cities and incorporated 
towns the school boards are composed of five mem- 
bers who serve for a period of four years. In all 
unincorporated territory the schools are under the 
direction of three directors who serve for a period 
of three years. 

Legislative Duty. — The board has power to levy 
taxes for the support of the schools and to adopt a 
course of study and to make rules for the govern- 
ment of the school. It determines the number of 
teachers to be employed, etc. 

Executive Duty. — The board selects sites for 
school-houses, purchases apparatus, fuel, etc. 

Judicial Duty. — The board investigates the con- 
duct of the teacher and determines whether he has 
exceeded his authority or failed to do his duty. The 
board may expel or suspend a pupil after hearing 
testimony for and against him. 

Officers of the Board. — The board elects a treas- 
urer, a secretary, and a chairman. 

The pupil should investigate the duties of these 
officers and fill the following blanks : 

Chairman. — 
Secretary. — 
Treasurer. — 



118 



Mayor 



Town and City Officers 
city officers 



Salary. 



Councilmen 



Clerk 



Treasurer 



Salary , 



Salary , 



Salary, 



Marshal 



Salary , 



Town and City Officers 119 

county officers 



Commissioners ^ 
Salary 



Clerk 

Salary , 

Sheriff 

Salary , 

Surveyor 

Salary , 



Superintendent of Schools 
Salary 



Treasurer 

Salary. . . 

Assessor 

Salary. . . 

Probate Judge 

Salary. . . 

Justice of the Peace 
Salary. . . 

Constable , 

Salary. . . 



120 Town and City Officers 

the teacher 
Duties and Powers as a Legislator. — 

Duties and Powers as a Judge. — 

Duties and Powers as an Executive. — 



REMOVAL OF OFFICERS 

Any county, precinct, district, town or village 
officer, elected by the people, or any officer ap- 
pointed to fill an unexpired term of any such officer, 
may be removed by the district court for malfea- 
sance in office or for inability or neglect to perform 
the duties thereof, etc. In case of such removal the 
governor is authorized to fill the vacancy. 



CHAPTER IX 

MISCELLANEOUS PROVISIONS 
SUFFRAGE 

**The crowning fact, 
The kingliest act 
Of freedom is the free man's vote." — Whittier. 

Those persons that vote for the members of the 
house of representatives of the state legislatures are 
electors for the election of national officers. The 
only restriction put upon the state is found in the 
fifteenth amendment to the national constitution, 
which forbids the restriction of suffrage "on ac- 
count of race, color, or previous condition of servi- 
tude." In general, every male person that is twenty- 
one years of age and a citizen of the United States, 
who has been a resident of the state for one year 
and of the county ninety days, has the right of suf- 
frage. The only male citizens denied the right are 
idiots, insane persons, and persons convicted of 
crime who have not been restored to political rights 
by action of the governor. 

The New Mexico Constitution provides that 
''every male citizen of the United States, who is 
over the age of twenty-one years, and has resided in 
New Mexico twelve months, in the county ninety 
days, and in the precinct in which he offers to vote 
thirty days, next preceding the election, except 

121 



122 Miscellaneous Provisions 

idiots, insane persons, persons convicted of a felo- 
nious or infamous crime unless restored to political 
rights, and Indians not taxed, shall be qualified to 
votfe at all elections for public officers." 

Women may vote at school elections, provided 
they have the same qualifications as male electors; 
further provided that the right of woman suffrage 
has not been suspended in the district by a petition 
against same presented by the majority of the 
voters to the board of county commissioners. 

Election. — The national government leaves the 
control of the election of presidential electors and 
national representatives and senators to the state 
in which the election is held. In this state the elec- 
tion for state and national officers is held on the 
first Tuesday after the first Monday in November. 

Election in New Mexico. — In this state each po- 
litical party prepares its own ballot, which is printed 
separately by the county clerk, whose signature on 
the back thereof guarantees its genuineness. These 
ballots are distributed to the leaders of each political 
party for distribution among the voters. The tickets 
are printed both in Spanish and in English. 

The Australian ballot is not used in New Mexico, 
but is likely to be used some time in the future, 
therefore it is well to know something about it. 
This ballot contains all the party tickets. The 
party having the largest vote at the last preceding 
election has its ticket first on the ballot, the other 
party tickets following in the same relative order. 
When an elector enters the voting place he is given 



Suffrage 123 

a ballot which he must mark in secret and hand to 
one of the judges of the election, who deposits it in 
the ballot box. This ballot gets its name from a 
similar ballot used in Australia. Its special features 
are its secrecy, its having the tickets of all parties 
on the one ballot, and the voter's designation of his 
choice of party or candidate by a cross. 

Alien's Rights. — The law gives aliens the right to 
hold property on the same conditions that govern 
the rights of citizens. 

Right of Eminent Domain. — The doctrine that was 
held during the feudal age was that the govern- 
ment owned all the land and the individual could 
not sell his real estate, but the ruler might take it 
for his own use or might give it to some one else. 
As the people gained rights they began to limit the 
power of the government over real estate. By the 
constitution of New Mexico real property can be 
taken for public purposes, but the owner must re- 
ceive due compensation for same. 

Common Carriers. — All corporations engaged in 
the transportation of persons, property, mineral 
oils, and mineral products are common carriers. A 
common carrier must carry the property of all citi- 
zens without discrimination. 

WOMAN SUFFRAGE 

Woman suffrage was first established in New 
Jersey in the early portion of the nineteenth cen- 
tury by accident. After a number of women had 
voted under the constitution, the state legislature 



124 Miscellaneous Provisions 

declared that it was not the purpose of the constitu- 
tional convention to give the right of suffrage to 
women and thereby forbade the women to exercise 
the right of suffrage. 

The first state to grant full suffrage on an equality 
with men was Wyoming, which established woman 
suffrage in 1869. Colorado followed in 1893; Utah 
and Idaho in 1896; Washington in 1910; and in 
1912, California, Arizona, Kansas, and Oregon. In 
1913 Illinois granted partial suffrage to women. 
They can vote for presidential electors and certain 
city officers. 

In thirty-two states some form of woman suffrage 
exists, particularly the right to vote at school elec- 
tions. Changes in suffrage are being so rapidly 
made that the student is recommended to look up 
the subject in the World's Almanac, which is pub- 
lished each year and therefore can have its informa- 
tion up to date. 

STATE OFFICERS 

Terms of State Officers Expire January 1, 1917 

Governor William C. McDonald 

Lieutenant Governor E. C. de Baca 

Secretary of State Antonio Lucero 

Attorney General Frank W. Clancy 

Auditor William G. Sargent 

Traveling Auditor and Bank Examiner, 

Howell Earnest 

Treasurer Owen N. Marron 

Commissioner of Public Lands .... Robert P. Ervieu 



Suffrage 125 

Superintendent of Public Instruction, 

Alvan N. White 
Ass 't Superintendent of Public Instruction, 

Filadelfo Baca 
State Director of Industrial Education, 

Manette A. Myers 
Chief Clerk (Department of Education), 

Rupert F. Asplund 
Hugh H. Williams, Chairman 
Term expires 1915 
Corporation Matthew S. Groves 

Commission ] Term expires 1917 

Oscar L. Owen 
Term expires 1919 
Adjutant General Harry T. Herring 

JUDICIARY 

Chief Justice Clarence J. Roberts 

Term expires 1917 
Justice Richard H. Hanna 

Term expires 1919 
Justice Frank W. Parker 

Term expires 1921 . 

UNITED STATES SENATORS 

Thomas B. Catron 
Term expires March 4, 1919 

Albert B. Fall 
Term expires March 4, 1921 



126 Miscellaneous Provisions 

representatives in congress 

Harvey B. Fergusson 
Term expires March 4, 1915 

MEMBERS OF STATE BOARD OF EDUCATION 

William C. McDonald, Governor Santa Fe 

Alvan N. White, Superintendent Public In- 
struction Santa Fe 

Frank H. H. Roberts Las Vegas 

C. C. Hill Roswell 

Bonifacio Montoya Bernalillo 

J. L. G. Sv^inney Aztec 

E. L. Enloe Silver City 

The statements made herein concerning the edu- 
cational institutions were furnished by the heads of 
said institutions or by some one subordinate to them. 
Not a single change has been made in the wording. 

THE UNIVERSITY OF NEW MEXICO 

David Ross Boyd, President 
The University of New Mexico, located at Albu- 
querque, New Mexico, was founded by the Twenty- 
Eighth Session of the Legislative Assembly of the 
Territory of New Mexico, February 28th, 1889. 

The first graduating class was from the Normal 
Department in 1894; from the College Department 
in 1898. 

With statehood the institution became the State 
University of New Mexico, and offers the usual 
standardized college courses, and courses in the 
School of Education. 



Educational 127 

new mexico college op agriculture and 

MECHANIC ARTS 

George E. Ladd, President 

The New Mexico College of Agriculture and Me- 
chanic Arts was established by act of the territorial 
legislature on February 28, 1889. It is one of the 
forty-eight land grant colleges provided for by the 
Morrill act of 1862 and subsequent acts, and receives 
from the federal government $50,000 a year for in- 
struction and $30,000 a year for research work by 
the agricultural experiment station, which is a de- 
partment of the college. The annual appropriation 
from the state is $20,000. The institution offers 
standard college courses in agriculture, various 
branches of engineering, general science, and house- 
hold economics; and secondary courses of high 
school grade along these lines for students who do 
not have high school facilities at home. 

NEW MEXICO STATE SCHOOL OF MINES 

Fayette A. Jones, President 

The New Mexico School of Mines is a state insti- 
tution, founded by the territorial legislature in 
1889. Sec. 28 of the act creating the institution 
provides that, ''The object of the School of Mines 
created, established and located by this act is to 
furnish facilities for the education of such persons 
as may desire to receive instruction in chemistry, 
mining, engineering, mathematics, mechanics, draw- 
ing, the fundamental laws of the United States and 



128 Miscellaneous Provisions 

rights and duties of citizenship, and such other 
courses of study, not including agriculture, as may 
be prescribed by the board of trustees." 

The School of Mines first opened its doors to stu- 
dents September 5, 1893. The institution is located 
in the Rio Grande valley, at Socorro, and close to 
some of the largest mines and smelters in the 
Southwest. 

NEW MEXICO NORMAL SCHOOL 

C. M. Light, President* 

The New Mexico Normal School, located at Silver 
City, was established in 1893. It is supported by a 
land endowment and by direct appropriations from 
the state. Five well furnished buildings situated on 
a campus of 26 acres constitute its equipment. Its 
efficiency and its course of study entitle it to be 
placed in the first rank among normal schools. Its 
lowest professional course is two years, requiring 
an academic foundation of fifteen units, and for ad- 
ditional work degrees are granted. 

NEW MEXICO MILITARY INSTITUTE 

Colonel James W. Willson, Superintendent 

The New Mexico Military Institute is located on 
a plain overlooking the city of Roswell. The campus 

* Since Dr. Light furnished this statement he has resigned 
the presidency of the school. Professor E. L. Enloe has been 
elected to succeed him. 



Educational 129 

consists of forty acres of level land dotted with- ten 
buildings, two of which are handsome brick struc- 
tures. It was opened to students September, 1898. 
It is a strictly military boarding school, all students 
being required to live in the institution and submit 
to garrison regulations. Its purpose is to train 
young men for business, for the army, and for col- 
lege. It is not a degree conferring institution, but 
does considerable collegiate work. Since 1909 it 
has been ranked by the U. S. War Department as 
one of the ' ' Distinguished Institutions ' ' of America. 

NEW MEXICO NORMAL UNIVERSITY 

Frank H. H. Roberts, President 

The New Mexico Normal University, located at 
Las Vegas, registered its first student body October 
3, 1898. It graduated its first class in 1899. Its 
purpose is to prepare young men and young women 
to teach in the schools of New Mexico. Graduates 
of accredited high schools are admitted to the junior 
year of the normal course, which can be finished in 
two years. There is also an academic department, 
where first grade teachers are trained. 

NEW MEXICO INSTITUTE FOR THE BLIND 

R. R. Pratt, Superintendent 

The New Mexico Institute for the Blind, located 
at Alamogordo, is a school where boys and girls 
who happen to be blind or to have very defective 



130 Miscellaneous Provisions 

sight are educated. The institution aims to train 
as well as to teach. The course of instruction is 
thorough. It embraces the branches taught in the 
public schools and many that are not generally 
taught there, such as typewriting, industrial and 
household pursuits, instrumental and vocal music 
and pianoforte tuning. 

The institution is non-sectarian. Its pupils are 
required to attend the church their parents may 
select. Its object is to so train the blind that they 
may become useful and independent citizens. 



THE NEW MEXICO ASYLUM FOR THE DEAF AND DUMB 

W. 0. Connor, Jr., Superintendent 

The New Mexico Asylum for the Deaf and Dumb, 
located at Santa Fe, was established by an act of the 
Council, February 24, 1887. The object and purpose 
of this institution is to educate mentally, morally, 
industrially and physically those who are residents 
of the State, and who are too deaf to be educated in 
the common schools. The State recognizing the fact 
that it owes to the deaf child an education just as it 
does to his more fortunate brother or sister, estab- 
lished this institution, and maintains and supports it 
with this object in view. This is a school pure and 
simple and we accept only those capable of receiving 
instruction. It is not a hospital, an asylum, a correc- 
tional institution or a place where we take these 
children and make a home for them. 



CHAPTER X 

This chapter is compiled from Twitchell's "The 
Leading Facts of New Mexican History. ' ' 

That you may refer more readily to his longer 
work, the chapter numbers and headings are 
retained. 



131 



CHAPTER I. 

(Volume I) 

ANTIQUITY OP NEW MEXICO 

The science which treats of antiquity finds abun- 
dant material for investigation in New Mexico. The 
study of oral traditions, inscriptions, ruins, and 
monuments of all kinds in this portion of the United 
States is most attractive to the archaeologist. This 
class of historical research and its practical value 
have only lately become thoroughly recognized in 
the United States. 

The government, however, at a very early day 
recognized the importance of the subject. In 1795, 
an agent of the Cherokees was instructed by the 
war department to make a careful study of language 
and home life, and also collect material for a history 
of the Indians. President Jefferson, when planning 
the Lewis, and Clark expedition to the Northwest 
in the years 1804-06, stipulated in his instructions 
to Lewis the close observance of the native tribes, 
including names and numbers ; the extent and limit 
of their possessions ; their relations with other tribes 
or nations; their language, traditions, and monu- 
ments; their ordinary occupations in agriculture, 
fishing, hunting, war, arts, and the implements for 
these; their food, clothing, and domestic accommo- 

132 



History of New Mexico 133 

dations; the diseases prevalent among them and 
the remedies they used, requiring infinite detail in 
every particular of their manner of living. 

In 1820, Jedediah Morse was commissioned by 
President Monroe to make a tour for the same pur- 
pose of "ascertaining, for the use of the govern- 
ment, the actual state of the Indian tribes of our 
country.*' Major John W'. Powell rendered inval- 
uable services in the work of acquiring a knowledge 
of the laws, manners and customs of the Indian 
tribes which were found on this continent by the 
earliest explorers. 

Ruins of ancient Pueblo villages and communal 
houses are found in the region of the Rio Grande, 
San Juan, Chaco, the Animas and Gila rivers, which 
antedate the coming of the first Spaniards, and 
Avhich furnish an interesting and absorbing clue to 
the prehistoric races inhabiting this region. The 
great community houses give rise to much specula- 
tion and can be only a matter of conjecture. 

CHAPTER II 

- THE FIRST SPANISH EXPLORERS 

causes of the disappearance of these races and their 

The Narvaez Expedition. — The Spaniards began 
their explorations of the western continent early in 
the sixteenth century. In June, 1527, Panfilo 
Narvaez set sail from San Lucar de Barrameda in 
Spain for the New World, bringing with him colo- 
nists and soldiers. Arriving at San Domingo, they 



134 History of New Mexico 

stopped there for some days to obtain horses, after 
which they proceeded to the Florida coast, landed 
a part of the colonists, who explored the country 
for gold and riches rather than for farms and homes. 
Meanwhile, the ships were Avrecked and those re- 
maining aboard lost, while those on the land were 
being killed by the Indians, by starvation and dis- 
ease. The only survivors of whom there is any 
record Avere Alvar Nunez Cabeza de Vaca, Andres 
Dorantes, Alonzo del Castillo Maldonado, and a 
negro, Estevan, a native of Azamor on the west 
coast of Morocco and a slave of Dorantes; Juan 
Ortiz completed the number of survivors of this 
ill-fated expedition of Narvaez. 

Cabeza de Vaca's Wanderings. — After a long cap- 
tivity by Indians, the first four of these succeeded 
in reaching Mexico City in July, 1536, where they 
were royally entertained by the Viceroy, and Her- 
nando Cortes, Marques del Valle. Alvar Nunez 
made a complete report of his wonderful journey 
from the Florida coast to the City of Mexico to 
the Royal Audiencia and of the fate of Narvaez and 
his companions. He returned to Spain, reaching the 
port of Lisbon on August 9, 1537, was summoned 
at once to court, to report to the Emperor, Charles 
the Fifth, presenting him with a buffalo hide, some 
emeralds, and some turquoises which he had col- 
lected during his journey from the Gulf of Mexico 
to the Pacific coast. 

The story of Alvar Nuiiez Cabeza de Vaca, which 
was published five years after his return to Spain, 



History of New Mexico 135 

is unrivalled in the history of the world in its recital 
of marvelous adventure, shipwreck, captivity by 
Indians, his escape, and final meeting with the 
Spaniards near the Pacific coast. 

From his report undoubtedly was prepared the 
narrative of the historian, Oviedo. The relation as 
given was first printed at Zamora, in the year 1542. 
A map of the region traversed was also prepared 
and left with the Viceroy. 

CHAPTER III 

EXPLORATIONS OF FRIAR MARCOS DE NIZA 

The Search for Wealth. — Hernando Cortes, gov- 
ernor, captain-general, and chief justice of New 
Spain, was succeeded in office, in 1526, by Luis 
Ponce de Leon, who had been sent out from Spain 
to prefer charges against the conqueror of Mexico. 
In 1528 Cortes left Mexico for Spain. Meanwhile, 
Nuiio de Guzman had been appointed governor, and, 
having been told by a Tejos Indian that there was 
great wealth far to the north, in gold and silver, 
he determined to send an expedition into these north 
countries for the purpose of discovering and obtain- 
ing for himself this great wealth. The Indian told 
him of large cities whose streets were lined with 
houses occupied by workers in these precious metals. 
These cities, he said, could be reached by a journey 
of forty days' duration. In the progress of this 
expedition, Guzman conquered Sinaloa, founded 
Culiacan, but failed to find the cities of gold and 



136 History of New Mexico 

silver workers. He gave to the conquered land the 
name of New Galicia. 

Cortes returned from Spain in 1530, bearing the 
title of Marques del Valle de Oajaca, together with 
privileges and rights of exploration, and in the next 
few years made several attempts to navigate the 
South Sea. 

Friar Marcos. — In 1538, Fray Antonio de Ciudad 
Rodrigo sent Fray Juan de la Asuncion and another 
friar on a mission beyond New Galicia-Sinaloa in an 
attempt to explore the unknown north country. 
Just at this time Friar Marcos de Niza determined 
to make an exploration himself, which he did, re- 
porting upon his return a very wonderful land. 
Friar Marcos left San ]\Iiguel de Culiacan on the 
seventh day of March, 1539, accompanied by Friar 
Onorato, the slave Estevan, and some Indians who 
had gone to Mexico City with Alvar Nuiiez Cabeza 
de Vaca and had become Christians. These Indians 
were to be guides and to protect Friar Marcos. The 
Friar Onorato fell ill when the village of Petatlan 
was reached, and was left there by Friar Marcos, 
who proceeded on his way with the Indians and the 
negro Estevan. Friar Marcos sent Estevan on in 
advance to spy out the land and send reports, back 
to him, which the negro did, but failing to obey the 
orders of the Viceroy to treat all Indians with kind- 
ness and mercy, was taken prisoner and killed some- 
where near the present Indian village of Zuiii. The 
friar returned to Mexico City with much haste, and 
reported a beautiful country. 



History of New Mexico 137 

CHAPTER IV 

CORONADO 

The City of Mexico in the year 1540 contained 
approximately two thousand inhabitants, made up 
of two classes, sharply divided and almost antag- 
onistic. The one class were the soldiers of fortune, 
unemployed, restless spirits, longing for campaigns, 
conquest, and consequent adventure, fame and for- 
tune. The other class were the settlers. 

The return of Friar Marcos, and his report to the 
Viceroy, produced a tremendous sensation among 
the many cavaliers then sojourning in the ancient 
capital of Montezuma. Justly proud of the achieve- 
ment of Friar Marcos, his friends in the priesthood 
and members of his order improved every oppor- 
tunity to laud his single-handed effort in behalf of 
the church and crown. 

Coronado's Expedition. — While the church was 
advertising to the world the accomplishment of the 
Friar Marcos, the Viceroy endeavored to maintain 
secrecy in respect thereto, in order that he might 
fit out an expedition for the purpose of exploring 
this new country before its wonders should beconje 
known to the world. However, these efforts at 
secrecy failed, and all prominent men in the City 
of Mexico at that time urged their individual right 
to be allowed by the crown to explore. Cortes sent 
out an expedition by sea, headed by Ulloa, from 
Acapulco, who ascended the Gulf of California but 
failed to find the country for which he was seeking. 



138 History of New Mexico 

Meanwhile the Viceroy was active, and was able to 
send out an expedition numbering more than three 
hundred Spaniards, mounted, and about eight hun- 
dred Indian allies. This expedition was mobilized 
at Compostella with Francisco Vasquez Coronado 
named commander. They took with them large 
numbers of sheep and cattle for supplies. The expe- 
dition left Compostella on Monday, February 23, 
1540, arriving in the neighborhood of Zuiii about 
the middle of May, 1540. Upon arriving at Cibola, 
the Indians attempted to drive them away, firing 
upon the Spaniards with arrows and pressing the 
Spaniards so closely that Coronado gave the war 
cry of ''Santiago," charged upon them and drove 
them back into the town, which after a short skir- 
mish was surrendered by the Indians. In this vil- 
lage the Spaniards found food, of which they had 
great need, and shelter. They were disappointed in 
the character of the village and people, but notwith- 
standing this, they made a careful examination of 
all they saw; the customs of the people and every- 
thing of consequence that might be of interest to 
the Viceroy and the King. From this point Coro- 
nado sent out expeditions, one to discover the Colo- 
rado River, of which he had heard, under Garcia 
Lopez de Cardenas, and one under Hernando de 
Alvarado to search for the province of Cicuye and 
Tiguex. He was so pleased with the village of 
Tiguex that he advised the captain-general to win- 
ter his troops at that place. This Coronado deter- 
mined to do, leaving at once for that province. 



History of New Mexico 139 

Meanwhile, the army under Arellano, leaving Sonora 
in the latter part of October, had reached Cibola, 
and joined Coronado at the pueblo of Hawaikiih. 
Coronado visited all the villages of this province, 
and resumed his march to Tiguex, reaching that 
place, where Alvarado and Cardenas were awaiting 
him in the village that had been prepared for win- 
ter quarters. During this winter the Spanish sol- 
diers indulged in many acts of treachery which 
finally resulted in a severe battle in which the 
Indians were worsted and compelled to surrender, 
when Cardenas caused them to be bound and burned 
at the stake. These winter quarters were situated 
close to the present town of Bernalillo, on the Rio 
Grande. 

Coronado Explores New Mexico.^Coronado was 
informed by the Indians that there was a very rich 
province called Quivira, far to the east and north, 
and he became determined to find this country. Early 
in May he started with his army. In a short time 
they were out upon the plains, where they discov- 
ered the buffalo and some new tribes of Indians, and 
after sixty-seven days of marching reached the region 
called Quivira. The captain-general derived small 
satisfaction from this expedition, enjoying only the 
empty honor of taking possession in the name of his 
royal master. In August, Coronado started on the 
return to Tiguex, there to winter his army. Two 
friars remained with the Indians in order to convert 
them to Christianity, but both were killed by the 
savages. 



140 History of New Mexico 

While in New Mexico the Spaniards explored the 
pueblos of Taos and that of Jeniez, the inhabitants 
of which were left entirely in peace. Another de- 
tachment went down the Rio Grande until it reached 
a point in the vicinity of San Marcial and Socorro, 
where there were numerous villages of Indians 
called Piros. All of these pueblos and their inhabi- 
tants were examined carefully in order that a com- 
plete report might be made to the king and to the 
Viceroy upon the return of the expedition to the 
City of Mexico. 

CHAPTER V 

THE SPANISH FRIARS 

Expedition Ends in Disaster — The Franciscans 
Become Interested. — The expedition led by Coro- 
nado had been so disastrous in its results that noth- 
ing in the way of exploration was done, in the coun- 
tries visited by him, for forty years. The Seven 
Cities of Cibola had been almost forgotten. Coloni- 
zation of the northern portions of New Spain, how- 
ever, was carried on and many settlements were 
established. The king of Spain required that every 
expedition be accompanied by representatives of 
the church, and, in this way, under royal order, 
not by papal bull, the explorers of the new world 
were accompanied by priests and monks who en- 
dured all the privations and hardships of a soldier 's 
life. 

"When the news reached Spain cf the martyrdom 



History of New Mexico 141 

of the Friar Juan de Padilla, a number of Francis- 
cans were fired with the zeal of entering the country 
and carrying on the work thus begun. Several re- 
ceived the royal permission and went to the Pueblo 
country. It is said that one was killed at Tiguex, 
where most of them settled. A few went to Cicuye 
or Pecos, where they found a cross which the Friar 
Juan de Padilla had erected. Others went on to 
Quivira, where the natives told them of the death 
of Friar Juan de Padilla. Every facility was 
granted to these friars by the government for their 
coming to New Spain and other portions of the 
newly discovered countries. 

In the settlement of San Bartolome, in southern 
Chihuahua, there was a Franciscan friar, named 
Agustin Rodriguez, who became filled with a desire 
for martyrdom, and determined to try to obtain 
permission to visit this far-off region. In Novem- 
ber, 1580, he made application to the Conde de 
Coruiia, at that time Viceroy of New Spain, and 
secured permission to explore the new country, to 
learn the language and to bring about the conver- 
sion of the Indians to the Holy Catholic faith. He 
was accompanied by two brothers of this order, 
whose names were Friar Francisco Lopez and Friar 
Juan de Santa Maria. In addition there were 
twelve soldiers, under the command of Francisco 
Sanchez Chamuscado ; there were also ten or fifteen 
Indians, servants, and a mestizo, named Juan Bau- 
tista. Arriving at Tiguex, the soldiers explored the 
country near by for a time, and then decided to 



142 History of New Mexico 

return to San Bartolome, which they did, after beg- 
ging the friars to return with them, but all in vain. 
These priests were all killed by the Indians in a 
short time after their coming to New Mexico. 

The brothers of the Order of Franciscans who 
were at the time located in the province of Nueva 
Viscaya, hearing of the accounts of the death of 
Friar Rodriguez, were very much troubled over the 
fate of the remaining friars, at that time not know- 
ing of their death. As a consequence they did 
everything possible to secure the services of a com- 
pany of soldiers to march to their relief. One friar, 
Bernardino Beltran, was particularly active in his 
efforts to secure the accomplishment of this design 
on their part. 

At this time there was a cavalier at the mines of 
Santa Barbara named Antonio de Espejo, a native 
of Cordova, and a man of wealth, courage, and in- 
dustry. He offered his services to the Franciscans 
for the purpose of the rescue of their brethren, 
declaring he was willing to risk his life and fortune 
in the enterprise, provided he should be authorized 
by some person in authority to undertake it. The 
offer was accepted, and the governor, or chief 
alcalde of Cuatro Cienegas, took it upon himself 
to issue the license and commission. Espejo was 
authorized to take with him as many soldiers as 
might be willing to follow his fortunes, or would be 
required to carry out the objects of the expedition. 

The story of the martyrdom of these friars, as told 
by one historian, is as follows : After the departure 



History of New Mexico 143 

of the soldiers, the friars continued their journey 
to the north, and, after traveling a few leagues, 
arrived at the pueblo of Galisteo. Throughout their 
entire journey they had found the Indians very 
peaceable and friendly and willing to furnish them 
with food and other necessities. Being highly 
pleased with the provinces through which they had 
passed, the friars decided to send one of their num- 
ber back to New Spain to make a full report of their 
observations and to invite other friars to come to 
that country. The Friar Juan de Santa Maria vol- 
unteered to undertake the journey, upon which he 
was accompanied some distance by Friar Rodriguez 
and Friar Lopez, who returned to Puara, near Berna- 
lillo, where they established themselves for the pur- 
pose of learning the language of the country. After 
bidding his companions farewell, Friar Juan de Santa 
Maria proceeded over the Sandia mountains to El 
Paso del Norte. The third day, when near the pueblo 
called San Pablo, while resting under a tree, he 
was killed and his remains burned. 

The two remaining friars lived some time in peace 
at Puara, pursuing their labors without interrup- 
tion. One afternoon Friar Lopez retired about a 
league from the village to engage in his devotions, 
and while occupied in prayer was killed by an 
Indian. Members of the tribe afterwards pointed 
out to Friar Rodriguez the place where the body of 
his companion had been buried, which he caused to 
be disinterred and reburied in the pueblo. The 
death of Friar Lopez was a sore affliction to the sole 



144 History of New Mexico 

survivor, who mourned his loss in bitterness of 
spirit. He felt now, in truth, that he was alone in 
the midst of these barbarians, with no one upon 
whom he could rely save Him whose cause he most 
earnestly espoused. 

The war-captain of the pueblo of Puara was much 
grieved over the death of the friars and, in order to 
save Friar Rodriguez from the same fate, removed 
him to the pueblo of Santiago, a league and a half 
further up the river. But his death had been deter- 
mined upon and it was impossible to save him. A 
few days afterward he met the same fate as his 
brethren, and his body was thrown into the Rio 
Grande, at that time in flood. 



CHAPTER VI 

EXPLORATION OF THE RIO GRANDE VALLEY 

Espejo's Rescue Expedition. — The arrangements 
for the expedition into New Mexico for the recovery 
of the friars were made by Espejo with all the 
rapidity possible under the circumstances. Espejo 
was a very energetic man and in a short time all the 
necessary arrangements had been perfected. Four- 
teen soldiers volunteered for the entrada. The ex- 
plorer furnished an abundant supply of arms and 
ammunition, and also one hundred and fifteen horses 
and mules. The commander and his small company 
left San Bartolome, with a large number of Indian 
servants, on the 10th of November, 1582, following 



History of New Mexico 145 

the same route down the Conchos that had been 
taken by the Friar Eodriguez and his brothers, and 
reached the junction with the Rio Grande after a 
journey of fifteen days. 

In the course of this march to the Rio Bravo they 
passed a province inhabited by the Conchos Indians, 
who gave the Spaniards a cordial welcome, furnish- 
ing them with food of all sorts, which seemed to be 
very plentiful. Leaving the Conchos Indians, Espejo 
arrived among the Passaguates, then in the land of 
the Tobosos, whose inhabitants fled to the mountains 
on the approach of the Spaniards. From the mouth 
of the Conchos the' Spaniards passed into the coun- 
try of the Jumanos, who, like the Tobosos, were 
hostile at first, attacking the Spaniards, killing 
some of the horses, and then fleeing to the moun- 
tains. They afterwards became friendly, through 
the efforts of interpreters, and furnished guides and 
provisions. 

After leaving this portion of the country of the 
Jumanos, they continued up the river, but Espejo 
does not record definitely the time consumed in the 
journey nor the distance. They passed through 
other large provinces of friendly Indians, but hav- 
ing no interpreter could learn nothing about them 
or the country. 

Following the course of the Rio Grande, Espejo 
journeyed for a distance of eighty leagues without 
meeting any inhabitants and reached the pueblos, 
where the houses were three or four stories high 
and where ten towns were visited, situated on both 



146 History of New ]Mexico 

sides of the Rio Grande ; many other to'svns were 
seen in the distance. All these people were friendly. 
These pueblos must have been located in the valley 
beginning with the site of the present town of San 
Marcial, just after passing the Jornado del Muerto. 
These were the pueblos that had been visited by 
one of Coronado's captains and the Friar Rodriguez. 
Upon the arrival of the Spaniards at Puara, the 
news that the friars, Rodriguez and Lopez, with 
some of their attendants, had been murdered, was 
confirmed. The recollections of the vengeance of 
the Spaniards under Coronado and Cardenas of 
fort}^ years before caused the Indians to take flight 
upon the approach of Espejo, and, although he of- 
fered every inducement to them to return, they 
refused to do so, leaving behind large quantities of 
provisions, of which the Spaniards stood in sore 
need. 

Rescue Expedition Becomes an Exploring Party. 
— The primary object of the expedition was now 
accomplished, but Espejo, after consultation with 
the Friar Beltran, determined to explore further 
before returning to New Biscay, and it was decided 
that the command should remain at Tiguex while 
these explorations were being made, and with only 
two men started eastward, traveling for two days, 
when he arrived at the province of Maguas, which 
he described as very prosperous. Returning to the 
Rio Grande, he took the entire command, and mov- 
ing up the river, visited the Jemez country, then 
over to the Acoma, Zuiii, and Moqui pueblos. From 



History op New Mexico 147 

here he returned to the Rio Grande, and thence 
homeward. 

Many other expeditions were sent into the new 
north country, notably under the command of 
Ibarra, Humano and Castano de Sosa. Espejo ap- 
plied to the king for the right to colonize the lands 
he had visited. There is no record, however, that 
anything came of this proposition. 

Castano de Sosa started on the 27th day of July, 
from Almaden, somewhere in Nuevo Leon, and in 
his command there were over one hundred and 
seventy persons, including women and children, and 
a wagon train of supplies. After traveling for two 
weeks the party arrived at the Rio Grande, from 
which point several exploring parties were sent out. 
When these parties had returned and reported, they 
again started north for the Pecos river, which they 
followed until they reached the village of Cicuye. 
From this point were sent out many exploring par- 
ties, until one day his men reported the coming of a 
force under Captain Juan Morlete. • Hastening to the 
camp of Morlete, he found that Captain Morlete had 
been sent to arrest him for entering the country 
without a license. He was thus returned to Mexico 
City. 

CHAPTER Vn 

conquest of new MEXICO 

The Real Conqueror, Oiiate. — The actual conquest 
of New Mexico was accomplished by Don Juan de 



\ 



148 History op New Mexico 

Onate in the years 1598 and 1599. He undertook 
this enterprise after several years of preparation, 
in a businesslike and systematic manner, and his 
achievement is one of the most important in the 
annals of the country. 

Don Juan de Onate was a resident of Zacatecas, 
a man of very considerable wealth, and ambitious 
to be known as one of the discoverers of the New 
World, and offered to equip and pay the wages of 
at least two hundred soldiers. 

The king, was not to pay any portion of the ex- 
penses of this expedition, as proposed by Oiiate, and 
in the month of September, 1595, the viceroy signed 
the contract, accepting all but the most extravagant 
of Oiiate 's demands, the agreement entered into 
being a stipulation for ''the discovery, pacification 
and settlement of the provinces of New Mexico, 
which are in New Spain." 

As soon as the contract had been signed by the 
viceroy, Oiiate began, assisted by his four brothers, 
and his four nephews, and other powerful friends, to 
recruit his army. 

Six or seven hundred men had enlisted, and the 
preparations for departure were about concluded 
when the Count de Monterey succeeded Luis de 
Velasco as viceroy. The new viceroy began at once 
to investigate the fitness of Oiiate for this enter- 
prise, and the expedition was deferred until he 
could conclude this investigation to his complete 
satisfaction. However, he ratified the contract, after 
making certain modifications, which was the means 



HiSTOP.Y OF New Mexico 149 

of causing much trouble to Onate with his enlisted 
men, since they objected to any modification of their 
privileges. 

After many vexatious delays, the order came on 
the 17th of December to prepare for the final inspec- 
tion and to proceed to New Mexico, and on the 20th 
day of January, 1598, Onate started with his army 
from San Bartolome. "With them went a con- 
siderable number of Franciscan priests and lay 
brothers. 

Onate reached the Rio Grande on the 30th of 
April, 1598, following this river up to the present 
site of El Paso on the 4th of May. From here he 
sent out reconnoitering parties, who explored as far 
north as San Marcial. After the return of these 
parties, Oiiate advanced to this point, with a few 
soldiers and two friars, where they were received 
with much friendliness by the Indians. Thence they 
advanced north to the pueblo of Puara, where two 
Indians from Mexico, who had been left by Castaiio, 
were brought to him, and they were hereafter inval- 
uable to him as interpreters in his visits to the dif- 
ferent pueblos for the purpose of establishing the 
Spanish authority and the Christian religion. 

On the 7th day of July, the Pueblo tribes held a 
conference, at which time they gave their allegiance 
to the Spanish crown. At a second conference, the 
religious missions of New Mexico were definitely 
located, and the presidents of the missions desig- 
nated. Seven of the priests were thus commissioned 
,to most dangerous charges, including the Apaches, 



150 History of New Mexico 

as well as the Pueblo tribes of Indians. From here 
the army moved up the river to the pueblo of San 
Juan, Across the Rio Grande from San Juan, Oiiate 
established his capital and gave it the name of San 
Gabriel. In about the year 1606, Oiiate changed his 
capital to Santa Fe. 

From his capital, Oiiate continued his explora- 
tions, going to Taos, San Ildefonso, and thence to 
San Marcos and San Cristobal. Returning to Santa 
Fe, Oiiate journeyed to Pecos by way of Galisteo. 
Immediately he left for Santo Domingo and later 
on, to Jemez. 

After the work of explorations had been con- 
cluded, Oiiate set to work on irrigation ditches. 
Early in September, Friar Martinez apportioned the 
pueblos into districts and over each one appointed 
one of the friars who had come with the expedition. 

Ill October, Oiiate proceeded to Acoma, where he 
received the submission of the chiefs; from Acoma, 
he went to Zufii, which pueblo also gave its alle- 
giance to the crown. One of the chiefs at Acoma, 
being strongly opposed to the submission of his 
people to the Spaniards, excited the people to revolt, 
and upon the return of the Spanish forces, the 
pueblo rose against them. After a fierce battle, how- 
ever, the Spaniards were victorious. 

During the absence of Oiiate on a journey of ex- 
ploration of the great plains, the settlers of San 
Gabriel returned to Nueva Vizcaya. Oiiate sent 
one of his men, who brought them back by force, 
and was joined by new settlers, and the prosperity 



History of New Mexico 151 

of the colony gradually returned, and with a suc- 
cession of governors, appointed by the viceroy, con- 
tinued to thrive for many years. 



CHAPTER VIII 

PUEBLO REBELLION AND INDEPENDENCE 

The Pueblos Overthrow the Spanish Rule. — The 
Pueblos for a period of nearly half a century, and 
during the administration of fourte(in Spanish gov- 
ernors, had made ineffectual attempts to free them- 
selves from the yoke of the invaders. Filled with 
fear, the Spaniards were always on the alert, and 
the most unceasing vigilance on their part was 
always exercised and was required to prevent their 
expulsion from the country. Many attempts were 
made by the Indians, which always resulted in the 
death or enslavement of the participants; notwith- 
standing these failures, however, the Indians deter- 
mined upon a united and mighty effort to rid them- 
selves of the oppressors. This led to the rebellion 
of 1680, which resulted in the expulsion of the Span- 
iards, and independence on the part of the natives, 
although for ten years the government spared no 
effort to reconquer the country. 

This successful attempt at driving out the Span- 
iards was inaugurated by an Indian named Pope, 
who had much influence with the Indians. He trav- 
eled about the country inciting all tribes to rebel- 
lion, and with great success. The plot, however, 



152 History of New Mexico 

was revealed to the governor by some priests, who 
had heard it in the confessional, and immediately 
the governor sent messengers in all directions warn- 
ing the friars and settlers to flee to the nearest place 
of safety. 

On the 10th of August, 1680, the revolution broke 
out in all parts of the province. The Indians deter- 
mined upon the utter destruction of the Spaniards, 
and the number slain was over four hundred, includ- 
ing twenty-one missionaries. Those who escaped 
numbered 1,950, including eleven friars. 

After a siege lasting five days, the governor deter- 
mined to abandon the capital at Santa Fe, and 
marched to the relief of Isleta. The Indians watched 
the Spaniards as they left the city, not attempting 
to interfere, unwilling to risk their lives against the 
desperate courage of the governor and his band. 
On arriving at Isleta, the governor found that the 
people at that garrison had fled many days before 
to Fray Cristobal, and as they proceeded they were 
met by messengers returning from Fray Cristobal, 
and all proceeded southward to a point below Las 
Cruces, where the refugees camped for the winter 
in rude huts, in the building of wliich the women 
assisted. From this point the governor made an 
attempt to recover the lost territory, v/hich proved 
unsuccessful, and he returned to the encampment 
near El Paso del Norte. 

De Vargas Reconquers the Lost Province. — In 
August, 1683, Domingo Jironza Petriz de Cruzate 
became governor of New Mexico, which office he 



History of New Mexico 153 

held four years. During this time Cruzate made 
attempts to recapture New Mexico from the Indians, 
and was partially successful. He was succeeded by 
Don Diego de Vargas as governor. 

Don Diego de Vargas Zapata Lujan Ponce de 
Leon, upon his arrival in the province of New 
Mexico, at once devoted himself to the task of sub- 
duing the Indians, and, organizing the forces he 
found at the garrison at El Paso del Norte, he moved 
at once up the Rio Grande, passing pueblo after 
pueblo which were in ruins. Arriving at Santa Fe, 
he found the Tanos Indians occupying the houses. 
They were at first very defiant, but after parleying 
with them, they surrendered without a blow being 
struck. . From this time on the pueblos, one after 
another, were persuaded to give their allegiance to 
the Spanish crown. After having visited the pueblos 
of Acoma and Zuiii, de Vargas determined to spend 
the winter with all his men at El Paso, and late in 
December arrived at that place with his entire force. 

The next year de Vargas gathered together as 
many soldiers and settlers as could be persuaded to 
accompany him, and returned to Santa Fe. With 
him went seventeen friars under P. Fr. Salvador de 
San Antonio as custodio. The command proceeded 
up the Rio Grande, visiting the different pueblos on 
the way. They arrived at Santa Fe in December, 
1693, when, under the original banner carried by 
Juan de Oiiate, he made a triumphal entry into the 
capital of the kingdom. 

Arriving at Santa Fe they found the Indians occu- 



154 History op New Mexico 

pying the buildings built by the Spaniards under 
Oiiate, which the Indians refused to surrender. A 
severe battle followed in which the Indians suffered 
great loss, and notwithstanding reinforcements from 
the Tehua nation, the Indians resolved to surrender, 
and de Vargas again occupied the town of Santa Fe 
as his capital. 

In June, 1696, the Indians of the pueblos of Taos 
and Picuris, Tehuas, the Queres of Santo Domingo, 
Cochiti and Jemez, rose, killing five missionaries and 
twenty-one other Spaniards. There was a small 
detachment of soldiers at Cia, commanded by Cap- 
tain Miguel de Lara, who took the field against the 
Indians, and punished them severely, causing them 
to flee to the mountains. De Vargas finally suppressed 
this rebellion. 

CHAPTER IX 

SPANISH RULE, 1693-1822 

De Vargas and Cubero. — The term of office of 
de Vargas as governor expired in 1696, and the king 
named Don Pedro Rodriguez Cubero to succeed him. 
Owing to his successful administration, de Vargas had 
expected to be reappointed, and made a protest to 
the viceroy. The viceroy, however, withheld this 
protest and his ov»^n action of sustaining the appoint- 
ment of Cubero from the king for three years. 
When the king was apprised of the situation he 
made a public acknowledgment of the thanks of the 



History op New Mexico 155 

crown and gave de Vargas the choice of the titles of 
marques and conde, and a re-appointment to take 
effect three years later upon the expiration of the 
term of Cubero, or sooner, if the office should become 
vacant. The king also ordered that the garrison at 
Santa Fe should be strengthened and that more fam- 
ilies should be sent there from Mexico. 

From the first de Vargas had incurred the dis- 
pleasure of the cabildo (the court of justice and 
administration) of Santa Fe. Enjoying the full con- 
fidence of the highest officials in Mexico City, he 
had proceeded to administer affairs in New Mexico 
as he considered right, ignoring the minor civil and 
military officials in many ways. His policy of restor- 
ing the Indians to their pueblos displeased the set- 
tlers, who were thus deprived of their slaves. Upon 
the arrival of Cubero, the cabildo took up the quarrel 
with de Vargas and filed formal charges against him 
of embezzlement of money which had been given him 
for the support of the colonists. There were like- 
wise many other charges preferred against him, and 
the cabildo was fully aware that Cubero was an 
enemy of de Vargas, and was determined to be 
revenged upon him. Cubero gratified his own 
enmity and that of the cabildo by finding him 
guilty as charged and confiscating his property, and 
confining him in jail for nearly three years. At 
the very time that he was being publicly thanked 
by his king, he was confined in the jail at Santa Fe. 
He was finally permitted to go to Mexico City to 
present his case before the viceroy, who ordered an 



156 History of New Mexico 

investigation, and as a result he was fully exoner- 
ated. When the cabildo heard this it at once 
petitioned the king against his return; thereupon, 
the king ordered the cabildo investigated, and the 
cabildo immediately recognized its own situation and 
retracted the accusations it had made. 

In August, 1703, Governor Cubero, hearing that 
de Vargas was on his way from Mexico City to 
assume the duties of office as governor, and fearing 
that de Vargas would take revenge upon him for the 
many acts of cruelty inflicted upon de Vargas, under 
the pretext of campaigning against the Indians, left 
the capital and never returned. De Vargas, now the 
Marques de la Nava de Braziiias, arrived at Santa Fe 
in November, 1703, and assumed the duties of gov- 
ernor and captain-general for the second time. In 
March of the following year de Vargas began a cam- 
paign against the Apaches, but was taken suddenly 
ill in the Sandia mountains and died at Bernalillo 
on the 4th of April. His remains were taken to the 
capital and buried under the altar in the parish 
church. 

Juan Paez Hurtado, lieutenant-general, served as 
governor until March, 1705, when the viceroy made 
an appointment to that office. From this time on 
to the date when Mexico declared its independence 
of the mother country, 1821, there were more or less 
frequent changes in the administration of the office 
of governor of New Mexico. Each governor in turn 
engaged in the subduing of the Indians, in the propa- 
gation of the Christian religion, in bringing more set- 



History of New Mexico 157 

tiers to New Mexico, all to the glory of the Spanish 
crown. 

The population of New Mexico in 1800, as given 
by Bancroft, was twenty-three thousand seven hun- 
dred sixty-nine Spaniards, and ten thousand three 
hundred sixty-nine Indians. 

In 1806 Lieut. Zebulon M. Pike headed an expe- 
dition in the interests of the government of the 
United States through the Southwest. Pike was met 
by a Spanish force, who informed him that he was 
on Spanish territory, and took him and his men in 
custody and returned to Santa Fe. From Santa Fe, 
Pike was sent to Chihuahua as a prisoner, but finally 
allowed to return to the United States. Captain 
Facundo Melgares was the last of the Spanish gov- 
ernors. He was succeeded by Francisco Javier 
Chaves under the Mexican regime. Liberty from 
Spanish rule was received with demonstrations of 
great joy by the inhabitants of New Mexico. 



CHAPTER I 

(Volume II) 

NEW MEXICO A TERRITORY OF THE REPUBLIC OF 

MEXICO 

Mexico Gains Her Independence. — The revolt of 
Mexico against Spanish sovereignty was begun in 
1810 and had been carried on, with varying success, 
until February, 1821. On the 24th of February of 
that year the Plan of Iguala, asserting the inde- 
pendence of Mexico, was adopted and proclaimed. 
From this time on the revolutionists were gener- 
ally successful, and on the 24th of August the treaty 
of Cordoba was signed by Agustin de Iturbide for 
Mexico, and by Viceroy Juan O'Donoju for Spain, 
the latter, however, not acting under authority from 
his government. Under this treaty the independ- 
ence of Mexico was recognized, a constitutional mon- 
archy established, and Ferdinand VII invited to the 
throne. Hostilities, however, did not cease until the 
City of Mexico was taken by Iturbide, September 
27, 1821, whereby the independence of Mexico was 
consummated. 

A Government Is Established. — A provisional 
council, consisting of thirty-six members, was imme- 
diately created under the Plan of Iguala. Iturbide 
was president and commander-in-chief of the army 

158 



History of New Mexico 159 

and navy. On the 13tli day of February of the 
following year, the Spanish government disapproved 
the treaty of Cordoba. 

Meanwhile, pursuant to the provisions of the Plan 
of Iguala and the treaty of Cordoba, an election 
of deputies to a congress was held, and on the 24th 
day of February, 1822, this congress assembled in 
the City of Mexico for the purpose of drafting a 
constitution. Immediately a struggle began between 
the president and the members of congress, which 
culminated in the election of Iturbide as emperor 
on the 19th day of May, 1822. He was crowned on 
the 21st day of June following. Owing to his 
despotism he was banished after a very brief reign, 
and returning secretly to Mexico was executed by 
order of the government. 

New Mexico Becomes a Territory of Mexico — 
Indian Warfare. — Ncav Mexico was made a territory 
of the Mexican Republic, and the official title of the 
executive under the Mexican government was polit- 
ical chief, jefe politico, from 1823 until 1837, from 
which time he was known as governor, gohernador. 
Under the constitution of 1836 the territory became 
a department, and so remained until General Kearny 
occupied it in 1846. 

Traffic between Missouri and New Mexico at this 
time was increasing in volume rapidly, and in 1829, 
owing to danger from the nomadic tribes of Indians, 
an arrangement was made between the government 
of the United States and the Republic of Mexico, 
whereby American troops were sent to guard cara- 



160 History of New Mexico 

vans to the Arkansas River, and from that point 
the Mexican troops performed this duty, the 
Arkansas Kiver being the boundary between the 
possessions of the United States and Mexico under 
the treaty of 1819. Pursuant to this arrangement, 
four companies of the Sixth United States Infantry 
marched across the great plains to a point on the 
Arkansas River near the town of Hartland, Kearny 
County, Kansas. The battalion was under the com- 
mand of Major Bennett Riley. The Mexican soldiers 
were under the command of Colonel Viscarra, who 
was a noted Indian fighter. 

These Indians of the plains, the Arapahoes, Coman- 
ches, Pawnees, and Cheyennes, were very war- 
like and dangerous enemies for these caravans to 
meet, and, without the protection of these soldiers, 
there was small chance for reaching their des- 
tination. When the Comanches took captives, they 
made the women their wives, the boys were made 
slaves, and the men were sometimes adopted into 
the tribe after a long probation. The Apaches 
were relentless murderers, killing for the love of 
killing, mutilating their victims in a savage manner, 
and the Navajos were great thieves, but never hes- 
itated to kill if they were opposed. Thus the 
Indian wars were continuous, many whites being 
killed, their women carried into a captivity worse 
than death, and from which they were never 
recovered. 

The Jicarilla Apaches were bitter enemies of the 
Americans. In 1834, having met a Missourian and 



History of New Mexico 161 

some companions, they had stolen their horses ; 
being pursued into the mountains near Taos a fight 
occurred in which several Indians were killed and 
the horses regained. Some days later all of the 
Jicarilla warriors visited Santa Fe and demanded 
of the Mexican authorities that all Americans be 
turned over to them for vengeance, whereupon, prep- 
arations for defense were begun, and the savages 
departed for their mountain homes. Through expe- 
riences of this sort the American came to feel that 
the Indian was a foe to civilization, and the only 
safe policy was one of extermination. 



CHAPTER II 

CHANGE IN GOVERNMENT AND REVOLUTION OF 1837-8 

A Change in Form of Government Followed by a 
Revolution. — In 1835 changes were initiated in the 
government of the Republic of Mexico, when, on the 
3d day of October of that year, by act of congress, 
the state legislatures were abolished and depart- 
mental councils, or juntas, established. A little 
over a year later a new constitution was adopted by 
which it was provided that the national territory 
should be divided into departments, governors 
appointed, with, an election of departmental coun- 
cils, whose powers it defined. 

The creation of this central system of government 
and the adoption of the new constitution were in 
some degree responsible for the revolution which 
occurred in 1837. There were a number of causes 
contributing to the revolutionary outbreak. Under 
the new system of government a direct system of 
taxation was provided for, and this was an inno- 
vation disapproved of by the people. Next, Colonel 
Albino Perez was sent as governor of New Mexico; 
this caused dissatisfaction, as their governors, since 
the Mexican independence, had been, up to this time, 
native New Mexicans. The governor was a believer 
in the education of the common people, which also 

162 



History of New Mexico 163 

was disapproved of by the classes. One of the chief 
instigators of dissension was Manuel Armijo, a dis- 
contented and ambitious person, who determined to 
get himself into office by whatever means neces- 
sary to gain his desires. He confided in some 
friends, who were influential politically; they took 
issue with the governor in the matter of collecting 
the revenues, inciting the poor, uneducated people 
to revolt by making the most absurd charges upon 
the question of direct taxation. They were too 
ignorant to make inquiry into the truth of the 
matter, and believed blindly what they were told, 
and were soon aroused to a point of frenzy, com- 
mitting acts of violence. The governor called for 
the militia but could muster only a few men; these 
he led against the insurrectos, who, when the enemy 
were met, deserted him. The governor and the few 
trusted men left made their escape to Santa Fe, 
where the Indians overtook and killed Perez and 
nearly twelve of the governor's adherents. 

The insurrectos took possession of Santa Fe on 
the 10th of August, 1837. A Taos Indian, named 
Jose Gonzalez, was made governor. The property 
of the murdered men was distributed among the 
insurrectos, Gonzalez coming into possession of the 
effects of Governor Perez. 

Armijo Usurps Government of New Mexico. — At 
this stage of the proceedings Armijo stepped forth 
to play out the part he had commenced, and for 
which purpose he had to resort to more intrigu(; 
and bad faith. Perfecting his plans, he gathered 



164 IIktvxky of Nkw Mkxico 

a considerable force iu tlie Kio Abajo, declared his 
revolution in favor of the ctnitral government of 
McxicOj JMKi marchevl to Santa Fe. Gt>n.^ale£ hearvl 
of his approach and lied. Arniijo enteral Santa Fe. 
took possc^ou of the palace?, proclaimed himself 
gOTemor and commandante-general of the depart- 
ment. He quickly dispatehe^i a messenger to Mexico 
City with an account of affairs, not forgetting his 
own valiant deeds and ser\-ices in restoring peace 
and order in the department. 

The supreme government of Mexico at once sent 
troops to suppress the insurrection. Troops to the 
number of four hundred were sent from Chihuahua 
early in ISoS. Under the pretext of desiring to 
treat with them, Armijo had kept the insurreotos 
in a comparative state of quiet, but on the arrival 
of the dragoons from the south, open hostilities were 
proelaiiiied against them. 

Armijo. commanding the entire force of regulars 
and militia, now marched against the insurrec- 
tionary army at La Canada, A battle ensueii which 
resulted in the complete rout of the insur rectos. 
Gonzalez with other leaders fell into the hands of 
Armijo. who now demonstrated his true character 
of tyrant. Having the supreme power, he concluded 
to dispose of those confederates whom he could not 
reward, and therefore court-martialed and sentenced 
to death many of the men who had aided him with 
money and arms, as well as their personal efforts, 
which with his own treachery resulted in his com- 
ing into his present commanding position. Many 



Hnrronr r/F New Mexico 1^ 

pemom of iiillii«iee e«grted tlicniMlres to ivoevre 
a THtmiUaee &l the den^ teateaee^ hat Armajo wa« 
dhitt to ererjr appeal on bdbalf of hia Urmer Ttm- 
eiatea »id eonfedeniteau 



CHAPTER III 

TEXAS-SANTA FE EXPEDITION 

An Attempt to Annex New Mexico to the Texas 
Republic Ends in Failure. — In 1841 General Mira- 
beau B. Lamar, president of the Texas republic, was 
instrumental in fitting out and starting an expedi- 
tion from Texas to Santa Fe. The Texan rulers 
claimed New Mexico as part of the Texas territory, 
and thought that the time had arrived when New 
Mexico should be brought under the control of their 
government, and this expedition was organized with 
the full belief in the readiness and willingness of the 
New Mexicans to accept it. The plan seems to 
have been that if they found New Mexico ready 
to declare full allegiance to Texas, the flag of the 
Lone Star Republic was to be raised over the old 
palace ; but if not, the Texan commissioners were 
only to make such arrangements with the authorities 
as would best tend to the opening of trade, and 
then retire. 

The expedition left Austin in the month of June, 
1841. There were six companies, under the com- 
mand of Hugh McLeod, brevet brigadier-general of 
the Texan army. Accompanying them came three 
commissioners, Colonel W. G. Cooke, Jose Antonio 
Navarro, and Dr. Richard F. Brenham. The com- 

166 



History op New Mexico 167 

niissioners carried with them proclamations, printed 
in English and Spanish, explaining the advantages 
of the freedom offered by the Texans, with never 
a doubt that the liberal terms would be at once 
acceded to by a population living within the limits 
of Texas, and who had long been groaning under a 
misrule the most tyrannical. 

Expedition Meets With Treachery. — Governor 
Armijo had been warned that this Texan expedi- 
tion was under way and would reach the capital in 
a short time, and in consequence of this warning 
a force, under Captain Salazar, was sent out to meet 
the invaders. This captain first took captive the 
advance party, which was reconnoitering, lined them 
up with the intention of shooting them at once, when 
a New Mexican, named Gregorio Vigil, who had a 
sense of justice, interceded for them, insisting that 
they be taken to the governor as they had requested. 
This was acceded to by the valiant captain. About 
a month later the remainder of the Texans surren- 
dered to Armijo. All their personal effects were 
taken from the Texans and distributed among the 
Mexicans, and in the plaza in Las Vegas a great 
celebration was had, at which the printed copies of 
Lamar's proclamation were burned. Armijo then 
left for his capital, and from that city the Texans 
were sent to the Gity of Mexico, where they arrived 
early in 1842. After their arrival some of them, 
were released upon the intercession of foreign min- 
isters, who claimed that they were not Texans and 
had joined the expedition not knowing its real 



168 History of New Mexico 

objects. The remainder were finally released by 
General Santa Ana on the 13th of June, 1842. The 
only exception was the commissioner, Navarro, who 
was condemned to death, but who finally bought his 
way out of prison and escaped to Texas. 

Retaliation. — The people of Texas were loud in 
their threats of vengeance upon the Mexicans, and as 
soon as the prisoners had returned, retaliatory enter- 
prises were openly discussed. The Mexicans soon 
learned of the intentions of the Texans, and were 
filled with apprehension, because they believed their 
enemies would be supported by the United States. 
However, this great army of invasion and vengeance 
resolved itself into nothing but the attempted plun- 
dering of caravans in the Santa Fe-Chihuahua trade. 
The first of these pillaging expeditions, hoAvever, 
occurred on United States territory, under Colonel 
Jacob Snively, whose force was promptly taken by 
U. S. soldiers under Captain Philip St. George Cooke. 
The Texans were disarmed, and Captain Cooke, with 
his command, soon after returned to the United 
States accompanied by a number of the disarmed 
Texans. Some of these disarmed Texans now left 
for Texas, while about sixty or seventy men, under 
Colonel Warfield, organized and started in pursuit 
of the caravan which had escaped the Texans by the 
interference of the U. S. army, but failing to over- 
take it, returned to Texas. As a consequence of 
this trouble with the avenging Texans, General 
Santa Ana, by decree, closed the northern ports of 
Mexico to foreign commerce, which for the time 



History of New Mexico 169 

being terminated the trade over the Santa Fe Trail. 
By decree of March 31, 1844, the ports were re- 
opened and about ninety wagons, with perhaps 
$200,000 worth of merchandise, the caravan employ- 
ing about two hundred men, crossed the plains to 
Santa Fe during the summer and fall of that year. 
The town of Mora had been burned by some Texans, 
under Warfield, prior to the capture of Snively's com- 
mand by Captain Cooke. 



CHAPTER IV 



THE SANTA FE TRAIL 



The Early Traders. — A subject of great interest 
is the story of the old Santa Fe Trail, the great 
highway over which was carried the commerce of 
the prairies. 

In the early part of the nineteenth centnry the 
tide of western immigration had reached the valleys 
of the Mississippi and ^Missouri. Stories of the 
northern provinces of New Spain, the inhabitants, 
their condition, their commercial and industrial 
needs, were brought to the western merchants and 
traders by the trappers, plainsmen and mountain- 
eers. Although it was known from the trappers 
that the Spanish authorities in New Mexico did not 
look with favor upon overland commercial relations 
with the people of the United States, the experience 
of Major Zebulon M. Pike, who was imprisoned at 
Santa Fe, seems only to have served to whet the 
American appetite for trade and even conquest. 

The facts surrounding the beginning of the Santa 
Fe trade are somewhat enveloped in nn^stery. The 
first expedition of which exists any account was that 
of Mallet brothers, "svho, in 1739, with six compan- 
ions, set out from the French settlements on the 
Mississippi for the Spanish settlements of New 
Mexico, arriving in Santa Fe in July, 1739. In 

170 



History op New Mexico 171 

the spring of the following year they made the 
return journey. Another expedition, made for pur- 
poses of trade only, was made prior to 1763, the 
exact date not being known. 

Spaniards Make War on American Traders. — 
The first frontier trading post known to have been 
established in Colorado, then part of New Mexico, 
was near the present site of Pueblo, and was owned 
by some Frenchmen from Louisiana. The Span- 
iards deemed this an infringement of their privi- 
ledged rights, procured the imprisonment of the 
Mississippi adventurers, and the seizure of their 
effects, and demanded punishment and confiscation. 
The cause was decided in Havana, in favor of the 
Frenchmen, their goods restored to them, and they 
were liberated on the ground that the store in ques- 
tion was within the boundaries of Louisiana. 

The second trading expedition to Santa Fe was 
that of William Morrison, of Kaskaskia, Illinois, who 
sent one Jean Baptiste La Lande, a French Creole, 
to find his way thither and carry with him a small 
stock of goods with the purpose of ascertaining what 
sort of market existed in the provinces of northern 
Mexico. La Lande reached Santa Fe in the summer 
of 1804. The next year after the coming of 
La Lande to Santa Fe, an American hunter and 
trapper arrived in the New Mexican capital. His 
name was James Purcell. Major Pike declares him to 
have been the first American to arrive in Santa Fe. 

Pike gave to the people of the United States the 
first information of a reliable character concern- 



172 History of New ^Iexico 

iiig the conditions existing in iiorthorn ^Mexico, and 
his expedition nnqnestionably was the means of 
inducing traders to come to New Mexico in quest 
of profitable returns in business ventures. 

The Spaniards were very jealous of the activities 
of the Americans, thinking that their own govern- 
ment was being imperiled thereby. Consequently, 
in November, 1812, when an expedition of twelve 
men, headed by Robert McKnight, James Baird, and 
Samuel Chambers, crossed the plains and reached 
Santa Fe, they were arrested by the Spanish author- 
ities, their goods confiscated, and they were held as 
prisoners at Durango and Chihuahua until 1822, 
when they were released by order of Iturbide. Hold- 
ing to this policy, another part}', under Chouteau 
and De Mun, was arrested in 1815, their goods con- 
fiscated, and they were held as prisoners for some 
months, when they were released, but their goods 
were not returned to them. 

William Becknell Heads Successful Trading Ex- 
pedition to Santa Fe. — Captain William Becknell, of 
Missouri, was the real founder of the commerce of 
the prairies. It was he who took the first successful 
trading expedition to Santa Fe. In 1821, with four 
companions, Captain Becknell crossed the plains 
from Franklin, Missouri, and notwithstanding the 
small amount of merchandise carried, they realized 
very handsome profits therefrom. They gave glow- 
ing accounts of the possibilities of trade with Santa 
Fe upon their retmni to IMissouri. 

From this time on the traffic over the Santa Fe 



History of New Mexico 173 

Trail was of increasing importance. Stations were 
established at points where water could be obtained 
for the animals. The route followed the Arkansas 
River to a point near La Junta, thence south through 
Taos to Santa Fe ; afterwards the Cimarron route 
was established, which made the distance much less 
from the Arkansas River to Santa Pe. 



CHAPTER V 



WAR WITH MEXICO 



The City of Santa Fe. — New Mexico's capital, at 
the time of the war with Mexico, was a place of 
about five thousand inhabitants. During this period 
in the history of New Mexico, the great majority of 
the people lived in towns or villages; there was 
practically no country population, a condition almost 
necessary for the protection of the settlers from the 
raids of the savages, by whom they were surrounded. 
Santa Fe, the most pretentious of all the towns, was 
very irregularly laid out; most of the streets were 
no better than highways traversing scattered set- 
tlements, interspersed here and there with corn and 
wheat fields. The only attempt at architectural 
compactness was found in the buildings surrounding 
the plaza, all of which were shaded by portals of 
the rudest description. The buildings around the 
plaza comprised the Palacio, the customs house, bar- 
racks, which was connected with the jail; the Casa 
Consistorial of the alcaldes, the Capilla de los 
Soldados, some private residences, and the stores 
occupied by the American traders. 

In the old days the plaza was the place of prom- 
enade and the market place. The principal stations 
for the public market were near the western end of 

174 



History of New Mexico 175 

the palace, but in the plaza. Here the farmers sold 
their products, and the hunters their game, all of 
which was in great demand as a food supply for the 
city. 

In suavity of manners the Mexican was without 
a superior; this is a characteristic of all classes. 
Schools were few and illiteracy was common. The 
Mexican was neither farmer nor craftsman, and 
few entered the professions. 

The United States Invades Mexican Territory. — 
On May 13th, 1846, President James K. Polk, by 
proclamation, announced the existence of war be- 
tween the United States and Mexico. 

On August 2d, 1846, Captain Philip St. George 
Cooke was sent to Santa Fe with an escort, nominally 
as an ambassador, but really for the purpose of escort- 
ing James Magoffin, who was the real emissary on 
the part of the American government, entrusted with 
a secret mission and having full instructions from 
the President of the United States. 

Arriving at Santa Fe he was received by Armijo, 
who, after some parley, concluded to send a com- 
missioner with Cooke to General Kearny, who was in 
command of an army of invasion coming from Mis- 
souri, and they set out the next day. 

Judging by subsequent events Magoffin proved 
himself an astute and convincing emissary. Not- 
withstanding the fact that Armijo had previously 
published and sent into all parts of the territory 
a proclamation calling for a volunteer army to meet 
the invader, and the response to this call was flatter- 



176 History of New Mexico 

ing, Armijo, when the crucial moment arrived, 
deserted his post at Apache Pass, near Canyoncito, 
and fled to Mexico. 

Kearny's Expedition. — With nothing to hinder his 
progress, Kearny advanced to Las Vegas, where he 
administered the oath of allegiance to the officials, 
then on to Santa Fe, through Apache Pass, where 
Armijo had stationed his forces. Finding no opposi- 
tion, Kearny determined to push on to Santa Fe and 
plant the colors before sundown. Before nightfall 
the entire army was within the city of Santa Fe. 

Kearny administered the oath of allegiance to the 
New Mexican officials, named officers for civil gov- 
ernment, promulgated a code of laws, and departed 
to California, September 22, 1846. 

Ten days after the departure of Gen. Kearny, 
Colonel Sterling Price arrived in Santa Fe with his 
regiment of Missouri volunteers. 

Murder of Governor Bent. — Kearny had no sooner 
left the territory than rumors of intended revolt 
among the natives were heard. This disaffection 
among the natives finally culminated in the revolu- 
tion of Taos, the assassination of Governor Bent, and 
many other prominent officials, as well as families of 
settlers. Colonel Price sent his forces against the 
insurgents, and, after much severe fighting, com- 
pelled them to submit to the new government. The 
instigators of this rebellion were captured, tried by 
courtmartial, sentenced to death, and executed at 
Taos. 



History of New Mexico 177 

Treaty of Guadalupe Hidalgo. — Hostilities con- 
tinued during the two succeeding years. The war 
closed with the treaty of Guadalupe Hidalgo, which 
was ratified May 30, 1848, and was proclaimed at 
Santa Fe in August. Under this treaty New Mexico 
became a part of the United States, and choice of 
citizenship was given to the New Mexicans of either 
the United States or of Mexico. New Mexico was 
made a territory in 1850. 



CHAPTER VI 

NEW MEXICO A TERRITORY OF THE UNITED STATES 

New Mexico Becomes a Territory of the United 
States. — The organic law of the territory of New 
Mexico — the act of September 9, 1850 — was similar to 
the acts of congress by which other territories had been 
created and organized. This act determined the north- 
ern and western boundaries of the state of Texas 
and provided for a relinquishment to the United 
States of all territory exterior to the same. The 
state of Texas was paid ten million dollars. The 
territory, as organized in 1850, included the New 
Mexico and Arizona of today, with a small portion 
of Colorado. 

The First Governor. — James S. Calhoun, who had 
been in New Mexico since July, 1849, acting as 
Indian agent, was the first governor of the territory 
subsequent to the military occupation period. He 
filled this office with great credit to himself, fur- 
nishing to the government much valuable informa- 
tion relative to the Indians of the Southwest. Dur- 
ing his incumbency, the marauding savages were 
very troublesome. The governor was overAvhelmed 
with requests for protection from citizens who were 
suffering from Indian raids, and without money in 
the territorial treasury, without ammunition, with- 

178 



History of New Mexico 179 

out authority to call out the militia, and without the 
co-operation of the military authorities of the terri- 
tory, he was sadly embarrassed and disquieted, 
which was greatly augmented by the friction exist- 
ing between the military and civil authorities. 

Military Posts Established. — Several military posts 
were established about this time in different parts of 
the territory. Fort Defiance, in the heart of the 
Navajo country ; Fort Union, in Mora county, and 
Fort Sumner, in the Comanche country, to which 
place the Apaches and Navajos were removed in later 
years by General J. H. Carleton. 

Owing to the fact that treaties with the Indians 
were ineffectual, since the Indians broke these trea- 
ties whenever it suited their purpose. General Carle- 
ton, in 1863, at the time in command of the Depart- 
ment of New Mexico, decided upon a war of exter- 
mination, all women and children to be taken cap- 
tive unless the Indians surrendered and consented 
to be removed to the Bosque Redondo at Fort Sum- 
ner. The result was the death of so many warriors 
that the Indians came in and surrendered and were 
taken under guard to Fort Sumner, where they were 
compelled to work, as that was the condition upon 
which they received government aid. The removal 
of these Indians to Fort Sumner was accomplished 
under the immediate command of Col. Kit Carson. 

Many of the Indians escaped from this reserva- 
tion, however, and continued to create havoc with 
the settlers. Forces of soldiers were always in the 
field giving chase to some recalcitrant party of 



180 History of New Mexico 

savages, and many long years passed before the 
murderous Apache was completely subdued. The 
Navajo had long before consented to become a 
farmer and stock raiser, in which occupations he is 
a notable success. 

A treaty was concluded between the United States 
and Mexico by James Gadsden in 1853. Under this 
treaty the boundary line, fixed by the treaty of 1848, 
was moved southward so as to give to the United 
States, for a consideration of ten million dollars, 
all of the territory in the Arizona of today south of 
the Gila river. A portion of the Mesilla valley cities 
was also within the territory ceded. By this treaty 
the United States was much the gainer, since the 
settlement of the boundary dispute was satisfactory, 
and a route for a railroad on American soil to the 
Pacific was obtained. 

Education. — Education up to this time, so far as 
concerned the masses of the people, made no head- 
way. Owing to the continued depredations of hos- 
tile Indians it was impossible to maintain schools 
in the outlying districts or settlements. There were 
a few private schools, four colleges, and one or two 
academies, all controlled by the church. Public 
sentiment was opposed to educating the peon class, 
as they were called. When Rt. Rev. J. B. Lamy 
came to Santa Fe, he established day and boarding 
schools, which was a great advance in the school 
system of the territory. 



CHAPTER VIII 

THE CHURCH IN NEW MEXICO 

The Church of Catholic Missionaries. — At the time 
of the Mexican war the Archbishopric of Baltimore 
was the only metropolitan see in the United States. 
The provincial councils of the Church were attended 
by the bishops of sees which had been created within 
the limits of the old diocese of New Orleans. About 
two months after the conquest of New Mexico by Gen- 
eral Kearny, St. Louis was made a metropolitan see. 
New Mexico had not yet become a territory of the 
United States. Subsequent, however, to the execution 
and signing of the treaty of Guadalupe Hidalgo, the 
Rt. Rev. Joseph Anthony Laureano de Zubiria, who 
had twice before visited New Mexico, made a third 
visitation in the month of October, 1850. Believing 
that the time had come when their faith was exposed 
to many dangers, the good bishop urged the Catholics 
to restore their dilapidated churches and maintain 
in proper Catholic manner the true worship of God, 
to uphold the most holy Catholic and only true reli- 
gion midst those who professed heterodox creeds, 
who by the liberal system of the existing govern- 
ment had now full power to enter and reside in 
that part of his diocese. 

181 



182 History of New Mexico 

The American hierarchy, recognizing this addi- 
tion to the territory of the United States, and the 
presence within the newly acqnired areas of a vast 
number of Catholics, made urgent appeal upon the 
Holy See for action in church matters in New Mex- 
ico. The Holy See at once erected New Mexico into 
a vicariate apostolic and named Rev. John B. Lamy, 
a priest of the diocese of Cincinnati, to take charge 
and reorganize religious affairs in the territory. On 
his visit the year previous. Bishop Zubiria had given 
the New Mexican clergy no intimation that the 
Holy See had in mind a canonical subdivision of the 
diocese of Durango, since he had known nothing 
of it himself, and for this reason they Avere unwill- 
ing to accept the authority of Bishop Lamy. There- 
fore, on horseback, with only a guide, he traveled 
from Santa Fe to Durango, Mexico, in order to prop- 
erly notify Bishop Zubiria of the new order. 

Returning from Durango, Bishop Lamy visited all 
the churches of his vicariate. 

His great wisdom was now apparent. Twelve 
times in the interest of the people of his diocese he 
crossed the plains from Santa Fe to Kansas City 
and St. Louis. Li 1852 he brought back a small 
colony of the sisters of Loretto. In the year 1853 
he went to France and thence to Rome, where he 
made a personal appeal to the Pope for laborers, and 
a company of zealous French priests and ministe- 
rial students returned with him to America, arriving 
at Santa Fe in November, 1854. In 1859, Rev. 
Eguillon was sent to France for teachers, and in 



History of New Mexico 183 

October of that year arrived with four brothers of 
the Order of San Miguel, and nine priests and 
ecclesiastics. Then was begun St. Michael's College 
at Santa Fe. The first building was erected in 1879. 
The work of the Church since the American occu- 
pation period has constantly aided in the uplift of 
society. 

Protestant Missionaries. — The missionaries of the 
Protestant denominations who came to New Mexico 
at the time of the American occupation found it 
almost impossible to make any progress. Labor as 
they would, it was not until the early sixties that 
any substantial results were obtained. The Baptist 
missionaries were the first to come to New Mexico. 
In July, 1849, Eev. Henry W. Reed, a Baptist mis- 
sionary, arrived in Santa Fe, and opened a school 
where the English language was taught. The Bap- 
tists built the first Protestant church in New Mexico. 
This was at Santa Fe and was dedicated on the 
15th day of January, 1854. The first Methodist mis- 
sionary came to Santa Fe in 1850, held services for 
about two years, and abandoned the work. The 
Protestant Episcopal Church held its first service 
in Santa Fe in the summer of 1863. In 1868 the 
territory was visited by Bishop Randall of Colo- 
rado, New Mexico having been placed under his 
jurisdiction. The Episcopal Church organization 
was effected in the year 1874, when the general con- 
vention of the church created a missionary jurisdic- 
tion of New Mexico and Arizona and elected William 
Forbes Adams, D. D., of New Orleans, as the first 



184 History of New Mexico 

bishop. The Presbyterians sent their first mission- 
ary in the year 1851, but, as with other denomina- 
tions, little was done until after the Civil War 
period. 



CHAPTER IX 

NEW MEXICO DURING THE CIVIL WAR 

New Mexico Sympathizes With the North. — It has 

been stated by some historians that the New Mexi- 
cans, so far as they had any knowledge of the great 
questions which brought about the war of secession, 
were southern sympathizers. This is not true. 
There were a few of the more prominent families 
whose tendencies were in that direction, but whose 
feelings were quickly changed when the first inva- 
sion of New Mexico came from the state of Texas. 
The masses of the New Mexicans were Union men. 
The Confederates hoped to occupy all the terri- 
tory which had become a part of the United States 
by reason of the Mexican War and the Gadsden Pur- 
chase. The Secretary of War sent to New Mexico 
army officers who were to induce the officers then in 
New Mexico to lead their men into Texas and give 
them to the service of the rebellion. This the army, 
as well as the native New Mexican soldiers, refused 
to do, and the traitors were compelled to make 
haste to the Confederate lines for safety. The Con- 
federates very promptly began operations. Lieu- 
tenant Colonel John R. Baylor, second mounted 
rifles, C. S. A., occupied Fort Bliss in the month of 
July, and later in the same month took possession 

185 



186 History of New Mexico 

of the plaza of La Mesilla. Fort Fillmore, at this 
time, was commanded by Major Isaac Lynde, who 
professed to be loyal. While leading a portion of 
his command towards the plaza of Mesilla he fell 
in with a few of Colonel Baylor's men, and after 
a short skirmish, retreated tp the fort. He gave 
orders on the 27th of July for the evacuation of that 
post and started towards Fort Stanton. He was 
pursued by Colonel Baylor and overtaken and igno- 
miniously surrendered his entire command. For 
this cowardice or treachery, Lynde was dismissed 
from the army. He was afterwards restored to his 
rank. 

Colonel Canby, in command of the department, 
was very active. He proceeded with the organ- 
ization of the militia and volunteers for the inev- 
itable contest, crippled throughout by lack of money, 
munitions, and supplies of all kinds, even without 
instructions from officials in Washington. Upon 
request from Colonel Canby, the governor of Colo- 
rado organized companies of volunteers, who ren- 
dered great service in the saving of New Mexico 
and the Southwest from Confederate domination. 

The Confederate Invasion a Failure. — On the 18th 
of February, 1862, General Sibley gave battle to 
the Union army at Valverde, near Fort Craig, and 
after a severe conflict, the Federals were forced to 
retreat to the protection of Fort Craig. Sibley 
advanced to Albuquerque, which fell with small 
resistance. This success determined his advance 
upon Santa Fe, and his making that place his seat of 



History op New Mexico 187 

operations. However, the Colorado Volunteers, 
under Colonel Slough, were moving toward New 
Mexico rapidly. Hearing of Sibley 's victory at Val- 
verde, marching at double-quick, he engaged Sibley's 
forces at Apache Caiion, which resulted in a com- 
plete victory for the Colorado Volunteers, Lnd virtu- 
ally ended the Confederate invasion of New Mexico. 
In order to escape an engagement with Colonel 
Canby upon his retreat down the Kio Grande, 
General Sibley determined to take advantage of a 
bend of the river to the west, abandoned a part 
of his wagon train, baggage packed on mules, crossed 
the mountains with seven days' rations and escaped. 
Colonel Canby declined to pursue the retreating foe 
and returned to Santa Fe, leaving the southern dis- 
trict in command of Colonel Chivington of the Colo- 
rado Volunteers. In August, General James H. 
Carleton, with the California column, reached the 
Rio Grande, and on the 21st day of September of 
that year assumed command of the department. 

The civil officials of the war period co-operated 
in every way possible with the commanding general 
of the military department of New Mexico, and 
civil affairs were conducted in a manner most com- 
mendable. 

Attempts to organize a territorial government for 
that portion of New Mexico now included within 
the limits of Arizona were made in congress in 
1857, and again in 1860, and in 1863 the organic 
act was passed, and officials named for the new 
territory of Arizona. 



CHAPTER X 



INDIAN CAMPAIGNS 



Withdrawal of Troops During Civil War Leaves 
Inhabitants at Mercy of Indians. — The Confederate 
invasion under General Sibley made the withdrawal 
of all regular troops from the Indian country imper- 
atively necessary and the New Mexican settlements 
were left exposed to the unrestrained depredations 
of the Apaches and Navajos. In the South, in the 
neighborhood of Fort Stanton, the ranches were 
entirely abandoned. 

Upon taking command of the department in Sep- 
tember, 1862, General Carleton's first move was 
against the Mescalero Apaches, against whom he 
sent Colonel Christopher Carson with five companies 
of New Mexican volunteers. His orders were to 
slay the men without parleying and bring in the 
women and children as prisoners. No treaties were 
to be made, and no terms accepted except uncon- 
ditional surrender as prisoners of war. This policy 
was pursued against the Apaches, until in the spring 
of 1863 about four hundred Mescaleros had sub- 
mitted, and were living in peace at the Bosque 
Eedondo, while the other bands had been forced to 
suspend their raids. Fort "West, at Pinos Altos in 
Grant county, having been garrisoned. 

188 



History op New Mexico 189 

Indians Placed Upon Reservations. — In this same 
year, Colonel Carson was sent into the Northwest 
against the Navajos; the plan of removing all the 
Indians to Fort Sumner was developed. After July 
20th, every Navajo was to be treated as hostile, and 
orders were repeatedly issued to kill every male 
capable of bearing arms. By following this policy 
consistently, the Indians were made to understand 
that their foe was at last in earnest, and that they 
must yield or be exterminated, and at the end of this 
year the Navajo wars were practically at an end and 
over seven thousand of the tribe were living at 
Bosque Redondo. 

The Bosque Redondo reservation, as a means of 
civilizing the Indians, was a complete failure ; how- 
ever, as a military measure, for the purpose of dem- 
onstrating to the warlike Navajos the power of the 
American government, Carleton's policy of removal 
was wise. During 1867 an Indian peace commission 
was organized to consider the Indian situation, and 
to present some plan for the civilization of the 
Indians. The result of the investigations of this 
commission was that the Navajos were returned to 
their own country. 

Meanwhile, the Mescalero Apaches had refused to 
stay at the Bosque with the Navajos, had left the 
reservation, and raided all southern New Mexico, 
in which they were joined by Chiricahuas. It was 
not until 1886, when Geronimo, the last of the great 
Apache chiefs, sent word to General Miles that he 
would surrender to the highest authority. Upon 



190 



History op New Mexico 



receipt of this communication, General Miles 
arranged to meet him on the boundary line between 
Mexico and Arizona, when on being assured that 
his men would not be killed, Geronimo surrendered 
with all his warriors. 

In 1867, the Jicarilla Apaches and Utes were 
placed on a reservation set aside for them in the 
Tierra Amarilla region, where the former now reside. 

The Pueblo Indians, with the exception of the 
uprising of 1847, have given the government small 
trouble. They have remained the same peaceable, 
inoffensive, industrious, credulous, and superstitious 
people that they have always been. There has been 
small change in their character and primitive man- 
ner of living. In matters of education they have 
made considerable advances. Their lands have all 
been confirmed and patented to them and these are 
exempt from taxation. Although citizens of the 
United States they do not care to exercise the func- 
tions pertaining thereto. The general government 
has aided them materially in the construction of 
irrigation canals and reservoirs. 



CHAPTER XI 

SPANISH AND MEXICAN LAND GRANTS 

Personal and Property Rights Guaranteed. — Gen- 
eral Stephen W. Kearny, commanding the Army of 
the West, invading New Mexican territory, was the 
first officer of the United States to declare to the 
people of New Mexico that their rights of person 
and property would be held inviolable. In making 
this statement he was carrying out the instructions 
given him by the President of the United States. 

The treaty of Guadalupe Hidalgo was ratified on 
May 30, 1848. After the lapse of a few years, owing 
to the great tide of immigration to the state of Cal- 
ifornia and the consequent acquisition of lands by 
the American homeseeker, prospector, miner, and 
stock-raiser, the courts had before them questions 
involving the validity of titles to lands in that 
state. These questions finally came before the 
Supreme Court of the United States for determina- 
tion and a long line of decisions emanated from that 
tribunal, declaring the right of the holders of Mex- 
ican titles to protection and recognition by the 
government. 

After California became a state, through the influ- 
ence of representatives from that state, an act was 
passed which made provision for the appointment 
of a tribunal composed of three commissioners, a sec- 
retary qualified to act as interpreter, and an attorney 
to represent the United States. 

191 



192 History of New Mexico 

Land Claims. — New Mexico, however, with a vote- 
less delegate in congress, could secure no such tri- 
bunal as was given to the state of California. The 
congress, on July 22, 1854, passed an act creating 
the office of surveyor general, by the terms of the 
eighth section of which it was made the duty of this 
officer, under instructions to be given by the secre- 
tary of the interior, to ascertain the origin, nature, 
character, and extent of all claims to land under the 
laws, usages, and customs of Spain and Mexico. 
When the surveyor general was appointed, and en- 
tered upon his duties, he found it practically impos- 
sible to carry out his instructions, owing to the fact 
that the holders of titles to lands declined to file any 
papers relative to their claims. 

In March, 1891, an act was passed by congress by 
which was established a Court of Private Land 
Claims. The official existence of this tribunal was 
begun by its formal organization at Denver, Colo- 
rado, July 1, 1891, and ceased, by operation of law, 
June 30, 1904. This court had for its purpose the 
consideration and adjudication of the titles to all 
the lands claimed to have been derived by grants 
from Spain and Mexico situate within the area 
ceded by Mexico to the United States under the 
treaty of Guadalupe Hidalgo, and the treaty of 1853, 
known as the Gadsden Purchase, all within the pres- 
ent states of Colorado, New Mexico, Arizona, Cali- 
fornia, Nevada, Utah, and Wyoming. When the 
work assigned to this court was completed, there 
was no further reason for its existence. 



CHAPTER XII 



RECENT EVENTS 



Railroads. — The advent of the railroads in Nevr 
Mexico was the beginning of an era of permanent 
prosperity for the people of the territory. The first 
passenger train into Nev^ Mexico arrived at Otero, 
in Colfax county, February 12, 1879, and in five 
years more there had been constructed by three 
great railway corporations, one thousand two hun- 
dred and fifty-five miles of railway in New Mexico. 
The three railway companies first coming into New 
Mexico were the Atchison, Topeka and Santa Fe, the 
Southern Pacific, and the Denver and Rio Grande. 

On March 10, 1881, all-rail connection across the 
continent via New Mexico and Arizona, was estab- 
lished by the junction at Deming of the two di- 
visions of the Southern Pacific Railroad. Deming 
was also the point of junction of this road with the 
Santa Fe from the north, and the completion of 
these two roads placed New Mexico in communica- 
tion by the shortest routes with the Pacific Coast, 
the Gulf, and the northern cities of the United 
States. 

A number of the enterprising men who were for- 
merly engaged in freighting across the plains to 
the Southwest, keeping pace with the advance of 

193 



194 History of New Mexico 

railway construction, located their permanent places 
of business in New Mexico, contributing in a great 
measure to the industrial and commercial progress 
and importance of the territory. 

This transition period between the old condition 
of affairs and the new era of progress and devel- 
opment w^itnessed a phenomenal increase in values 
and changes in business methods. 

Capital. — The twenty-sixth legislative assembly 
convened at Santa Fe in February, 1884. During 
this term members of the assembly from Santa Fe 
and the north, were instrumental in the enactment 
of a law whereby a capital building commensurate 
with the dignity and demands of the growing terri- 
tory should be erected at Santa Fe. At the same 
time the penitentiary buildings were provided for 
and constructed. 

Public Schools. — At the opening of the twenty- 
ninth legislative assembly, the governor, in his mes- 
sage, called special attention to the necessity for a 
modern comprehensive public school system as being 
the most important matter for the consideration of 
the legislature. On February 12, 1891, a bill was 
passed which marked a new era in the educational 
history of New Mexico. Under the new order, edu- 
cational matters received an impetus which has 
never been retarded. 

New Mexico Furnishes Volunteers for U. S. — An 
event of great importance to the territory, as well 
as to the nation, was the organization of New Mex- 
ico's quota of volunteers for the war Avith Spain. 



History of New Mexico 195 

On April 23, 1898, President McKinley issued his 
proclamation calling for 125,000 troops to serve two 
years. On the same day New Mexico was asked 
what the territory could do in furnishing cavalry 
for service in Cuba. The governor of the state 
immediately replied that New Mexico 's quota, which 
was limited to 340 men, would be ready for service 
and offered an additional number of cavalry and a 
battalion of mounted riflemen. Pour troops were 
mustered at Santa Fe within eight days after the 
President's proclamation, and did valiant service 
during the Spanish-American War. They were a 
battalion of Roosevelt's Rough Riders. 

Statehood. — ^For sixty years the people of New 
Mexico pleaded, agitated, and fought for admission 
as a state. New Mexico's last delegate in Congress, 
William H. Andrev/s, deserves the credit for the 
passage of the enabling act of 1910. On June 18, 
1910, the bill was passed which made New Mexico 
a state. ■ 

On October 3, 1910, the constitutional convention 
began its task of formulating the organic law of 
the new state, and completed its labors November 
21, 1910. The constitution was ratified at an elec- 
tion held on January 21, 1911, by the people of New 
Mexico, and in due time was approved by the Presi- 
dent and Congress of the United States. 

Constitution Adopted. — The deliberations of the 
constitutional convention were presided over by 
Charles A. Spiess. George W. Armijo was secretary. 
The total vote cast by the voters of the new state 



196 History op New Mexico 

upon the adoption of the instrument presented by 
the convention was 45,141, of which 31,742 were 
recorded in favor of and 13,399 against its adoption. 

On February 24, 1911, the constitution was ap- 
proved by President William H. Taft, who trans- 
mitted it to congress with a favorable message. On 
the 3rd of March the House adopted the constitution, 
but the Senate, the following day, adjourned, hav- 
ing adopted an amendment by which Arizona's pro- 
posed constitution was included with that of New 
Mexico. 

The resolution as amended by the Senate did not 
reach the House until April, where its adoption or 
rejection was in the balance until the following July, 
when another resolution was adopted providing for 
methods by which the proposed constitution could 
be amended by the people of the new state. This 
was known as the Flood resolution, so named on 
account of its author, Henry D. Flood, a member of 
the House. On the tenth day of August the resolu- 
tion with the Flood amendment was adopted by the 
Senate. The approval of this amended resolution 
was withheld by President Taft. It was finally ap- 
proved by the Senate, with the elimination of the 
Arizona constitution, August 17th, and two days 
later by the House. On the 21st, it was signed by 
the President, who, on the 29th day of August, 1911, 
gave official notification to the governor of New 
Mexico of the fact. 

First State Election. — The presidential notifica- 
tion having been duly received by New Mexico's 



History op New Mexico 197 

executive, William J. Mills, the governor, on August 
30th, issued his proclamation calling for an election 
for state officers to be held on the 7th of November, 
1911. 

This election was held, the total vote cast for state 
officers being for governor : William C. McDonald, 
democrat, 31,036; Holm 0. Bursum, republican, 
28,019. For congressmen: George Curry, repub- 
lican, 30,162; Harvey B. Fergusson, democrat, 
29,999; Elf ego Baca, republican, 28,836; Paz Val- 
verde, democrat, 28,353. Of the remaining candi- 
dates, the republican party was successful for audi- 
tor, attorney general, commissioner of public lands, 
two members of the Supreme Court and two mem- 
bers of the corporation commission. The democratic 
party elected its candidates for lieutenant governor, 
treasurer, secretary of state, superintendent of pub- 
lic instruction and one member each of the supreme 
court and the corporation commission. The plurali- 
ties for the successful candidates of each party were 
very small, other than that of the candidate for the 
governorship. 

What was known as the ''Blue Ballot" amend- 
ment, provided for by the act of congress, relating 
to manner and methods of amending the constitu- 
tion, was carried, the vote being 34,897 in favor 
of and 22,728 against its adoption. 

On the 4th day of January, 1912, the result of the 
first state election was certified by Governor Mills 
to the President of the United States, who, on the 
6th of January, issued his proclamation by which 



198 History of New Mexico 

New Mexico was admitted into the union of states as 
the forty-seventh. 

On January 15, 1912, the new state government 
was formally inaugurated at Santa Fe, the event 
being celebrated with elaborate ceremonies. 

The first state legislature met at Santa Fe, March 
11, 1912, the Senate having as its constitutional pre- 
siding officer the lieutenant-governor-elect, Ezequiel 
C. de Baca. The House chose as its speaker Roman 
Liberato Baca, a member from the county of Santa 
Fe. On the 27th of March following, Thomas Benton 
Catron and Albert Bacon Fall, republicans, in joint 
session of the House and Senate, were elected to 
represent the state in the Senate of the United States 
and were seated by that body on the 2nd day of 
April, 1912. The short term in the Senate having 
fallen to Albert B. Fall, at the second session of the 
state legislature, in 1913, Senator Fall was again 
chosen to represent the state in the upper branch 
of the national congress. 



LIST OF GOVEENOES OF NEW MEXICO, 1598-1914 

UNDER SPAIN 

Onate 1598-1608 

Peralta 1609-1620 

Zotylo 1621-1629 

De Silva 1630-1639 

De Eosas 1640-1642 

Arguello 1642 

Valdez 1643 

De Heredia 1644 

Arguello 1645-1649 

De Guzman, Ugarte and La Concha 1650-1652 

Avila J Pacheco, Samaniego 1653 

Mendizabal 1653-1660 

Penaloza 1661-1664 

Villanueva, Medrano and Miranda 1665-1679 

Treviilo 1679 

Otermin 1679-1683 

Jironza de Cruzate 1683-1686 

Eeneros de Posada and Cruzate 1687-1691 

De Vargas Zapata Lujan Ponze de Leon 1692-1696 

Eodriguez j CMbero 1696-1703 

De Vargas Zapata Lujan Ponze de Leon 1703-1704 

Hurtado 1704-1705 

Cuervo j Valdez 1705-1707 

Chacon Medina Salazar j Villaseilor 1707-1712 

Flores Mogollon 1712-1715 

Martinez, Hurtado 1715-1718 

Velarde j Cocio 1718-1721 

Estrada y Austria, De Bustamante 1722-1731 

Cruzat y Gongora 1731-1736 

Olavide y Michalena 1736-1739 

199 



200 List op Governors 

Mendoza 1739-1743 

Codallos y Eabal 1743-1749 

Veles Cachupin 1749-1754 

Del Valle, Mendoza 1754-1760 

Portillo Urrisola 1761-1762 

Veles Cachupin 1762-1767 

De Mendinueta 1767-1777 

Trevol 1778 

Bauptista de Anza 1778-1789 

De la Concha 1789-1794 

Chacon 1794-1805 

Eeal Alencai^ter 1805-1808 

Mainez 1808 

Manrique 1808-1814 

Mainez 1815-1817 

Allande 1818 

Melgares 1818-1822 

UNDER MEXICO 

Xavier Chavez, Vizcarra 1822-1823 

Baca 1823 

Narbonna, Armijo, Viz:arra 1825-1827 

Chavez 1828-1831 

Abreu 1831-1833 

Sarracino, Ortiz, Chavez 1833-1834 

Perez 1835-1837 

Armijo 1838-1844 

Martinez de Lejauza 1844-1845 

Armijo, Vigil 1845-1846 

UNDER THE UNITED STATES OF AMERICA 

Military Government: 

Stephen W. Kearny 1846 

Charles Bent 1846-1847 

Donaciano Vigil 1847-1848 



List of Governors 201 

J. M. Washington 1848-1849 

John Munro ■ 1849-1850 

Territorial Government : 

James S. Calhoun 1851-1852 

John Greiner — secretary — acting 1852 

William Carr Lane 1852-1853 

David Merriwether 1853-1857 

Abraham Eencher 1857-1861 

Henry Connelly 1861-1866 

Eobert B. Mitchell 1866-1869 

William A. Pile 1869-1871 

Marsh Giddings 1871-1875 

William G. Kitch — secretary — acting 1875 

Samuel B. Axtell 1875-1878 

Lewis Wallace 1878-1881 

Lionel A. Sheldon 1881-1885 

Edmund G. Eoss 1885-1889 

L. Bradford Prince 1889-1893 

William T. Thornton 1893-1897 

Miguel A. Otero, Jr 1897-1906 

Herbert J. Hagerman 1906-1907 

James Wallace Eaynolds — secretary — acting 1907 

George Curry 1907-1910 

William J. Mills 1910-1911 

William C. McDonald — First State Governor 1912 

TERRITORIAL DELEGATES IN CONGRESS 

Messervy and Weightman 

Jose Manuel Gallegos 1853-1855 

Miguel A. Otero, Sr 1856-1861 

John S. Watts 1861-1863 

Francisco Perea 1863-1865 

J. Francisco Chavez 1865-1871 

Jose Manuel Gallegos 1871-1873 

Stephen B. Elkins 1873-1877 

Trinidad Eomero 1877-1879 



202 List of Governors 

Mariano S. Otero 1879-1881 

Tranquilino Luna 1881-1883 

Francisco A. Manzanares _. . ., 1883-1885 

Anthony Joseph 1885-1895 

Thomas Benton Catron 1895-1897 

Harvey B. Fergusson 1897-1899 

Pedro Perea 1899-1901 

Bernard S. Eodey 1901-1905 

William H. Andrews 1905-1911 

MEMBERS OF CONGRESS 

George Curry 1911-1913 

Harvey B. Fergusson 1911-1915 



DECLARATION OF INDEPENDENCE 
In Congress, July 4, 1776 

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES 

OF AMERICA 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume, among the powers of the earth, 
the separate and equal station to which the laws of nature and of 
nature's God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes which 
impel them to the separation. 

We hold these truths to be self-evident, that all men are 
created equal, that they are endowed by their Creator with cer- 
tain unalienable rights, that among these are life, liberty and the 
pursuit of happiness. That to secure these rights, governments 
are instituted among men, deriving their just powers from the 
consent of the governed ; that whenever any form of government 
becomes destructive of these ends, it is the right of the people to 
alter or to abolish it, and to institute new government; laying 
its foundation on such principles, and organizing its powers in 
such form as to them shall seem most likely to effect their safety 
and happiness. Prudence, indeed, will dictate, that governments 
long established should not be changed for light and transient 
causes; and accordingly all experience hath shown that mankind 
are more disposed to suffer, while evils are sufferable, than to 
right themselves by abolishing the forms to which they are 
accustomed. But when a long train of abuses and usurpations, 
pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, to 
throw off such government, and to provide new guards for their 
future security. Such has been the patient sufferance of these 
colonies, and such is now the necessity which constrains them to 
alter their former systems of government. The history of the 
present king of Great Britain is a history of repeated injuries 

203 



204 Declaration of Independence 

and usurpations, all having in direct object the establishment of 
an absolute tyranny over these states. To prove this, let facts be 
submitted to a candid world. 

He has refused his assent to laws, the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained ; and when so suspended he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish 
the right of representation in the legislature, a right inestimable 
to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly, for oppos- 
ing with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the legislative powers, incapable of 
annihilation, have returned to the people at large for their exer- 
cise; the state remaining, in the meantime, exposed to all the 
dangers of invasions from without, and convulsions within. 

He has endeavored to prevent the population of these states ; 
for that purpose obstructing the law^s for naturalization of for- 
eigners; refusing to pass others to encourage their migration 
hither, and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone', for the tenure 
of their offices ; and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub- 
stance. 

He has kept among us, in times of peace, standing armies, 
without the consent of our legislatures. 



Declaration of Independence 205 

He has affected to render the military independent of and su- 
perior to the civil power. 

He has combined with others to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws; 
giving his assent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
states : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of trial by 
jury: 

For transporting us beyond the seas to be tried for pretended 
offences : 

For abolishing the free system of English laws in a neighbor- 
ing province, establishing therein an arbitrary government, and 
enlarging its boundaries, so as to render it at ouce an example 
and fit instrument for introducing the same absolute rule into 
these colonies: 

For taking away our charters, abolishing our most valuable 
laws, and altering fundamentally the forms of our governments : 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate us in all cases whatsoever: 

He has abdicated government here, by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation and tyranny, 
already begun, with circumstances of cruelty and perfidy, 
scarcely parallelled in the most barbarous ages, and totally un- 
worthy the head of a civilized nation. 

He has constrained our fellow citizens, taken captive on the 
high seas, to bear arms against their country, to become the exe- 
cutioners of their friends and brethren, or to fall themselves by 
their hands. 



206 DeclarxVtion of Independence 

He has excited domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers the merci- 
less Indian savages, whose known rule of warfare is an undistin- 
guished destruction of all ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for 
redress in the most humble terms; our rejieated i)etitions have 
been answered only by repeated injury. A prince whose charac- 
ter is thus marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their 
legislature to extend an unwarrantable jurisdiction over us. We 
have reminded them of the circumstances of our emigration and 
settlement here. We have apjiealed to their native justice and 
magnanimity, and we have conjured them by the ties of our com- 
mon kindred to disavow these usurpations, w'hich would inevi- 
tably interrupt our connections and correspondence. They too 
have been deaf to the voice of justice and consanguinity. We 
must, therefore, acquiesce in the necessity which denounces our 
separation, and hold them, as we hold the rest of mankind, 
enemies in war, in peace friends. 

We, therefore, the representatives of the United States of 
America, in general congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name, and by authority of the good people of these 
colonies, solemnly publish and declare, that these United Colonies 
are, and of right ought to be, free and independent states ; that 
they are absolved from all allegiance to the British crown, and 
that all political connection between them and the state of 
Great Britain is, and ought to be, totally dissolved ; and that as 
free and independent states, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do 
all other acts and things which independent states may of right 
do. And for the support of this declaration, w-ith a firm reliance 
on the protection of Divine Providence, we mutually pledge to 
each other our lives, our fortunes, and our sacved honor. 

John Hancock, and 54 other signers. 



AETICLES OF CONFEDERATION AND PEEPETUAL 
UNION BETWEEN THE STATES 

Article I. — The style of this confederacy shall be, "The 
United States of America. ' ' 

Art. II. — Each state retains its sovereignty, freedom, and 
independence, and every power, jurisdiction, and right, which is 
not by this confederation expressly delegated to the United States 
in congress assembled. 

Art. III. — The said states hereby severally enter into a firm 
league of friendship with each other, for their common defence, 
the security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all force of- 
fered to or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretence whatever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the peojile of the different states in 
this union, the free inhabitants of each of these states — paupers, 
vagabonds, and fugitives from justice, excepted — shall be en- 
titled to all privileges and immunities of free citizens in the 
several states; and the people of each state shall have free ingress 
and egress to and from any other state, and shall enjoy therein 
all the privileges of trade and commerce, subject to the same 
duties, impositions, and restrictions as the inhabitants thereof 
respectively; provided that such restriction shall not extend so 
far as to j)revent the removal of property, imported into any 
state, to any other state of which the owner is an inhabitant; 
provided also that no imposition, duties, or restrictions shall be 
laid by any state on the property of the United States, or either 
of them. 

If any person be guilty of or charged wnth treason, felony, or 
other high misdemeanor, in any state, shall flee from justice, and 
be found in any of the United States, he shall, upon demand of 

207 



208 Articles of Confederation 

the governor or executive jjower of the state from which he fled, 
be delivered up and removed to the state having jurisdiction of 
his offence. 

Full faith and credit shall be given in each of these states to 
the records, acts, and judicial ^proceedings of the courts and 
magistrates of every other state. 

Art. V. — For the more convenient management of the general 
interest of the United States, delegates shall be annually ap- 
pointed in such manner as the legislature of each state shall di- 
rect, to meet in congress on the 1st Monday in November in 
every year, with a power reserved to each state to recall its 
delegates, or any of them, at any time within the year, and to 
send others, in their stead for the remainder of the year. 

No state shall be represented in congress by less than 2 nor by 
more than 7 members; and no person shall be capable of being a 
delegate for more than 3 years in any term of 6 years ; nor shall 
any person, being a delegate, be capable of holding any office 
under the United States, for which he, or another for his benefit, 
receives any salary, fees, or emolument of any kind. 

Each state shall maintain its OAvn delegates in a meeting of 
the states, and w-hile they act as members of the committee of 
the states. 

In determining questions in the United States in congress as- 
sembled, each state shall have one vote. 

Freedom of speech and debate in congress shall net be im- 
peached or questioned in any court, or place out of congress; 
and the members of congress shall be protected in their persons 
from arrests and imprisonments during the time of their going 
to and from, and attendance on, congress, except for treason, 
felony, or breach of the peace. 

Art. VI. — No state, without the consent of the United States 
in congress assembled, shall send any embassy to, or receive any 
embassy from, or enter into any conference, agreement, alliance, 
or treaty with, any king, prince, or state; nor shall any person 
holding any office of profit or trust under the United States, or 
any of them, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or foreign state; 



Articles of Confederation 209 

nor shall the United States in congress assembled, or any of 
them, grant any title of nobility. 

No two or more states shall enter into any treaty, confedera- 
tion, or alliance whatever between them, without the consent of 
the United States in congress assembled; specifying accurately 
the purposes for which the same is to be entered into, and iiow 
long it shall continue. 

No state shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United 
States in congress assembled, with any king, prince, or state, in 
pursuance of any treaties ali'eady proposed by congress to the 
courts of France and Sprin. 

No vessels-of-war shall be kept up in time of jieace by any 
state, except such number only as shall be deemed necessary, by 
the United States in congress assembled, for the defence of 
such state or its trade; nor shall any body of forces be kept up 
by any state in time of peace, except such number only as^ iu 
the judgment of the United States in congress assembled, shall 
be deemed requisite to garrison the forts necessary for the de- 
fence of such state ; but every state shall always keep up a well- 
regulated and disciplined militia, sufficiently armed and accou- 
tered, and shall provide and constantly have ready for use in 
public stores a due number of field-pieces and tents, and a 
proper quantity of arms, ammunition, and camp equipage. 

No state shall engage in any war without the consent of the 
United States in congress assembled, unless such state be 
actually invaded by enemies, oi' shall have received certain 
advice of a rerolution being formed by some nation of Indians 
to invade such state, and the danger is so imminent as not to 
admit of a delay till the United States in congress assembled 
can be consulted; nor shall any state grant commissions to any 
ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States in con- 
gress assembled, ard then only against the kingdom or state, 
and the subjects 1 hereof, against which war has been so de- 
clared, and under such regulations as shall be established by 
the United States in congress assembled, r.nless such state be 



210 Articles of Confederation 

infested by pirates; in which case vessels-of-war may be fitted 
out for that occasion, and kept so long as the danger shall con- 
tinue, or until the United States in congress assembled shall 
determine otherwise. 

Art. VII. — When land-forces are raised by any state for the 
common defence, all oflScers of or under the rank of colonel shall 
be appointed by the legislature of each state respectively by 
whom such forces shall be raised, or in such manner as such 
state shall direct ; and all vacancies shall be filled up by the 
state Avhich first made the appointment. 

Art. VIII. — All charges of war, and all other expenses that 
shall be incurred for the common defense or general welfare, 
and allowed by the United States in congress assembled, shall 
be defrayed out of a common treasury, which shall be supplied 
by the several states in jDroportion to the value of all lands 
wdthin each state, granted to or surveyed for any person, as 
such land and the buildings and improvements thereon shall be 
estimated, according to such mode as the United States in con- 
gress assembled shall from time to time direct and appoint. 
The taxes for paying that proportion shall be laid and levied 
by the authority and direction of the legislatures of the several 
states within the time agreed upon by the United States in 
congress assembled. 

Art. IX. — The United States in congress assembled shall have 
the sole and exclusive right and power of determining on peace 
and war, except in the cases mentioned in the 6th Article; of 
sending and receiving ambassadors, entering into treaties and 
alliances, provided that no treaty of commerce shall be made 
whereby the legislative power of the respective states shall be 
restrained from imposing such imposts and duties on foreigners 
as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or com- 
modities whatsoever; of establishing rules for deciding in all 
cases what captures on land or water shall be legal, and in what 
manner prizes taken by land or naval forces in the service of 
the United States shall be divided or appropriated; of granting 
letters of marque and reprisal in times of peace, appointing 



Articles of Confederation 211 

courts for the trial of piracies ajid felonies committed on the 
high seas, and establishing courts for receiving and determining 
finally appeals in all cases of captures, provided that no member 
of congress shall be appointed a judge of any of the said courts. 
The United States in congress assembled shall also be the last 
resort on appeal in all disputes and differences now subsisting 
or that hereafter may arise between two or more states concern- 
ing boundary, jurisdiction, or any other cause whatever; which 
authority shall always be exercised in the manner following: 
Whenever the legislative or executive authority or lawful agent 
of any state, in controversy with another, shall present a peti- 
tion to congress, stating the matter in question, and praying for 
a hearing, notice thereof shall be given by order of congress to 
the legislative or executive authority of the other state in con- 
troversy, and a day assigned for the appearance of the parties 
by their lawful agents, who shall then be directed to appoint, 
by joint consent, commissioners or judges to constitute a court 
for hearing and determining the matter in question ; but, if 
they can not agree, congress shall name 3 persons out of 
each of the United States; and from the list of such persons 
each party shall alternately strike out one, the petitioners be- 
ginning, until the number shall be reduced to 13 : and from 
that number not less than 7 nor more than 9 names, as 
congress shall direct, shall in the presence of congress be 
drawn out by lot; and the persons whose names shall be so 
drawn, or any 5 of them, shall be commissioners or judges 
to hear and finally determine the controversy; so ahvays as a 
major part of the judges who shall hear the cause shall agree in 
the determination: aiKl if either party shall neglect to attend 
at the day appointed, without showing reasons which congress 
shall judge sufficient, or, being present, shall refuse to strike, 
the congress shall proceed to nominate 3 persons out of each 
state, and the secretary of congress shall strike in behalf of 
such party absent or refusing; and the judgment and sentence 
of the court, to be appointed in the manner before prescribed, 
shall be final and conclusive; and if any of the parties shall 
refuFe to submit to the authority of such court, or to appear or 



212 Articles op Confederation 

defend their claim or cause, the court shall nevertheless proceed 
to pronounce sentence or judgment, -which shall in like manner 
be final and decisive, — the judgment or sentence and other pro- 
ceedings being in either case transmitted to congress, and lodged 
among the acts of congress for the security of the parties con- 
cerned: provided that every commissioner, before he sits in 
judgment, shall take an oath, to be administered by one of the 
judges of the supreme or superior court of the state where the 
cause shall be tried, "well and truly to hear and determine the 
matter in question, according to the best of his judgment, with- 
out favor, affection, or hope of reward ' ' : provided also that no 
state shall be deprived of territory for the benefit of the United 
States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more states, whose jurisdictions 
as they may respect such lands, and the states which passed such 
grants, are adjusted, the said grants or either of them being at 
the same time claim.ed to have originated antecedent to such 
settlement of jurisdiction, shall, on the petition of either party 
to the congress of the United States, be finally determined, as 
near as may be, in the same manner as is before prescribed for 
deciding disputes respecting territorial jurisdiction between 
different states. 

The United States in congress assembled shall also have the 
sole and exclusive right and poMer of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective states; fixing the standard of weights and measures 
throughout the United States ; regulating the trade and manag- 
ing all affairs with the Indians, not members of any of the 
States, provided that the legislative right of any State within 
its own limits be not infringed or violated; establishing and 
regulating post-offices from one state to another throughout all 
the United States, and exacting such postage on the papers pass- 
ing through the same as may be requisite to defray the expenses 
of the said office; appointing all officers of the land-forces in 
the service of the United States, excepting regimental officers; 
appointing all the officers of the naval forces, and commission- 



Articles of Confederation 213 

ing all officers whatever in the service of the United States; 
making rnles for the government and regulation of the said 
land and naval forces, and directing their operations. 

The United States in congress assembled shall have authority 
to appoint a committee, to sit in the recess of congress, to be 
denominated ' ' A committee of the states, ' ' and to consist of one 
delegate from each state; and to appoint such other committees 
and civil officers as may be necessary for managing the general 
affairs of the United States under their direction; to appoint 
one of their number to preside, provided that no person be 
allowed to serve in the office of president more than one year in 
any term of three years; to ascertain the necessary sums of 
money to be raised for the se vice of the United States, and to 
appropriate and apply the same for defraying the public ex- 
penses; to borrow money, or emit bills on the credit of the 
United States, transmitting every half-year to the respective 
states an account of the sums of money so borrowed or emitted; 
to build and equip a navy; to agree upon the number of land 
forces, and to make requisitions from each state for its quota, 
in proportion to the number of white inhabitants in such state; 
which requisition shall be binding; and thereupon the legisla- 
ture of each state shall appoint the regimental officers, raise the 
men, and clothe, arm, and equip them in a soldier-like manner, 
at the expense of the United States ; and the officers and men so 
clothed, armed, and equipped shall march to the place appointed 
and within the time agreed on by the United States in congress 
assembled: But if the United States in congress assembled shall, 
on consideration of circumstances, judge proper that any state 
should not raise men, or should raise a smaller number than its 
quota, and that any other state should raise a greater number of 
men than the quota thereof, such extra number shall be raised, 
officered, clothed, armed, and equipped in the same manner as 
the quota of such state, unless the legislature of such state shall 
judge that such extra number cannot be safely spared out of 
the same; in which case they shall raise, officer, clothe, arm, and 
equip as many of such extra number as they judge can be 
safely spared; and the officers and men so clothed, armed, and 



214 Articles of Confederation 

equijjped shall march to the place appointed, and within the 
time agreed on by the United States in congress assembled. 

The T.'nited States in conyress iissembJed shall never engage 
in a war; nor grant letters of marque and reprisal in time ot 
peace; nor enter into any treaties or alliances; nor coin money, 
nor regulate the value thereof; nor ascertain the sums and 
expenses necessary for the defence and welfare of the United 
States, or any of them ; nor emit bills, nor borrow money on the 
credit of the United States; nor appropriate money; nor agree 
upon the number of vessels-of-Avar to be built or purchased, or 
the number of land or sea forces to be raised, nor appoint a 
commander-in-chief of the army or navy, unless nine states 
assent to the same: nor shall a question on any other point, 
except for adjourning from day to day, be determined, unless 
by tlio votes of a majority of the United States in congress 
assembled. 

The congress of the United States shall have power to ad- 
journ to any time w^ithin the year, and to any place wdthin the 
United States, so that no period of adjournment be for a 
longer duration than the space of six months, and shall publish 
the journal of their proceedings monthly, except such parts 
thereof, relating to treaties, alliances, or military operations, as 
in their judgment require secrecy; and the yeas and nays of 
the delegates of each state on any question shall be entered on 
the journal, when it is desired by any delegate; and the dele- 
gates of a state, or &ny of them, at his or their request, shall 
be furnislied with a transcript of the said journal, except such 
parts as are above excepted, to lay before the legislatures of 
the several states. 

Art. X. — The committee of the states, or any nine of them, 
shall be authorized to execute, in the recess of congress, such 
of the poMers of congress as the United States in congress 
assembled, by the consent of nine states, shall from time to 
time think expedient to vest them with; provided that no po^ver 
be delegated to the said committee, for the exercise of whicli, 
by the articles of confederation, the voice of nine states in the 
congres^^s of the United States assembled is requisite. 



Articles of Confederation 215 

Art. XI. — Canada, acceding to this confederation, and join- 
ing in the measures of the United States, shall be admitted into, 
and entitled to all the advantages of, this union; but no other 
colony shall be admitted into the same, unless such admission be 
agreed to by nine states. 

Art. XII. — All bills of credit emitted, moneys borrowed, and 
debts contracted, by or under the authority of congress before 
the assembling of the United States, in pursuance of the present 
confederation, shall be deemed and considered as a charge 
against the United states, for payment and satisfaction whe.eof 
the said United States and the public faith are hereby solemnly 
pledged. 

Art. XTIL — Every state shall abide by the determinations of 
the United States in congress af-semblcd, on all questions which, 
by this confederation, are submitted to them. And the articles 
of this confederation shall be inviolably observed by every 
state, and the union shall be perpetual; nor shall any alteration 
at any time hereafter be made in any of them ; unless such 
alteration be agreed to in a congress of the United States, and 
be afterwards confirmed by the legislatures of every state. 

And whereas it hath pleased the great Governor of the world 
to incline the hearts of the legislatures we respectively repre?:ent 
in congress to approve of, and to authorize us to ratify, the 
said articles of confederation and perpetual union, KNOW YE, 
that we, the undersigned delegates, by virtue of the power .md 
authority to us given for that purpose, do by these presents, 
in the name and in behalf of our respective constituents, fully 
and entirely ratify and confirm each and every of the said 
articles of confederation and perpetual union, and all and 
singular the matters and things therein contained: And v>e do 
further solemnly jdight and engage the faith of our respective 
constituents, that they shall abide by the determinations of the 
United States in congress assembled on all questions which by 
the said confederation are submitted to them; and that the 
articles thereof shall be inviolably observed by the states we 
respectively represent, and that the union shall be perpetual. 
In witness whereof, we have hereunto set our hands in congress. 



216 Ordinance of 1787 

Done at Philadelphia, in the state of Pennsylvania, the 9th day 
of July, in the year of our Lord 1778, and in the 3d year of 
the Independence of America. 

ORDINANCE OF 1787 

BE IT OKDAINED by the United States in congress assem- 
bled. That the said territory, for the purposes of temporary 
government, be one district; subject, however, to be divided into 
two districts, as future circumstances may in the opinion of 
congress, make it expedient. 

Be it ordained by the authority aforesaid. That the estates, 
both of resident and non-resident proprietors in the said terri- 
tory, dying intestate, sliall descend to, and be distributed among 
their children, and the descendants of a deceased child in equal 
parts; the descendants of a deceased child or grandchild, to 
take the share of their deceased parent in equal parts among 
them: And where there shall be no children or descendants, then 
in equal parts to the next of kin, in equal degree; and among 
collaterals, the children of a deceased brother or sister of the 
intestate, shall have in equal parts among them, their deceased 
parents' share; and there shall in no case be a distinction 
betAveen kindred of the whole and half-blood; saving in all 
eases to the Avidow of the intestate, her third part of the real 
estate for life, and one-third part of the personal estate; and 
this law relatiAe to descents and dower, shall remain in full 
force until alteied by the legislature of the district. — And until 
the governor and judges shall adopt laws as hereinafter men- 
tioned, estates in the said territory may be devised or be- 
queathed by wills in writing, signed and sealed by him or her, 
in whom the estate may be (being of full age) and attested by 
three witnesses; — and real estate may be conveyed by lease and 
release, or bargain and sale, signed, sealed, and delivered by 
the person being of full age, in whom the estate may be, and 
attested by two aa itnesses, provided such Avills be duly proved, 
and such conveyances be acknowledged, or the execution thereof 
duly proA'ed, and be recorded Avithin one year after proper 



Ordinance of 1787 217 

magistrates, courts, and registers shall be appointed for that 
purpose ; and personal property may be transferred by delivery ; 
saving, however, to the French and Canadian inhabitants, and 
other settlers of the Kaskaskias, Saint Vincent 's, and the neigh- 
boring villages, who have heretofore professed themselves citi- 
zens of Virginia, their laws and customs now in force among 
them, relative to the descent and conveyance of property. 

Be it ordained by the authority aforesaid, That there shall 
be appointed from time to time, by congress, a governor, whose 
commission shall continue in force for the term of three years, 
unless sooner revoked by congress, he shall reside in the district, 
and have a freehold estate therein, in 1,000 acres of land while 
in the exercise of his office. 

There shall be appointed from time to time, by congress, a 
secretary, whose commission shall continue in force for four 
years, unless sooner revoked ; he shall reside in the district, and 
have a freehold estate therein, in 500 acres of land, while in 
the exercise of his office; it shall be his duty to keep and pre- 
serve the acts and laws passed by the legislature, and the public 
records of the district, and the proceedings of the governor in 
his executive department ; and transmit authentic copies of such 
acts and proceedings, every six months, to the secretary of 
congress : There shall also be appointed a court to consist of 
three judges, any two of whom to form a court, who shall have 
a common law jurisdiction, and reside in the district, and have 
each therein a freehold estate in 500 acres of land, while in 
the exercise of their offices; and their commissions shall continue 
in force during good behavior. 

The governor and judges, or a majority of them, shall adopt 
and publish in the district, such laws of the original states, 
criminal and civil, as may be nece&sary, and best suited to the 
circumstances of the district, and report them to congress, from 
time to time; which laws shall be in force in the district until 
the organization of the general assembly therein, unless disap- 
proved of by congress ; but afterwards the legislature shall have 
authority to alter them as they shall think fit. 

The governor for the time being, shall be commander-in-chief 



218 Ordinance of 1787 

of the militia, ajipoint and commission nil officers in the same, 
below tiie rank of general ofifk-ers; all general officers fhall be 
ajipointed and commissioned by congress. 

Previous to the organization of the general assembly, the 
governor shall appoint such magistrates and other civil officers, 
in each county or township, as he shall find necessary for the 
preservation of the peace and good order in the same: After 
the general assembly shall be organized, the powers and duties 
of magistrates and other civil officers shall be regulated and 
defined by the said assembly; but all magistrates and other 
civil officers, not herein otherwise directed, shall, during the 
continuance of this temporary government, be appointed by the 
governor. 

For the prevention of crimes and injuries, the laws to be 
adopted or made shall have force in all parts of the district, 
and for the execution of process, criminal and civil, the gov- 
ernor shall make proper divisions thereof — and he shall proceed 
from time to time, as circumstances may require, to lay out 
the parts of the district in which the Indian titles shall have 
been extinguished into counties and townships, subject, however, 
to such alterations as may thereafter be made by the legislature. 

So soon as there shall be 5,000 free male inhabitants, of full 
age, in the district, upon giving proof thereof to the governor, 
they shall receive authority, with time and place, to elect 
representatives from their counties or townships, to represent 
them in the general assembly; provided that for every 500 free 
male inhjibitants, there shall be one representative, and so on 
progressively wnth the number of free male inhabitants shall 
the right of representation increase, until the number of repre- 
sentatives shall amount to twenty-five; after which the number 
and proportion of representatives shall be regulated by the 
legislature: provided that no j^erson be eligible or qualified to 
act as a representative, unless he shall have been a citizen of 
one of the United States three years, and be a resident in the 
district, or unless he shall have resided in the district three 
years ; and in either case shall likewise hold in his own right, 
in fee simple, 200 acres of land within the same; provided also. 



Ordinance of 1787 " 219 

that a freehold in fifty ac es of land in tlie d's'jiiet, bavin ij been 
a citizen of one of the states, and being resident in the district, 
or the like freehold and two years residence in the district shall 
be necessary to qualify a man as an elector of a representative. 

The representatives thus elected, shall serve for the terra of 
two years (3) ; and in case of the death of a representative, or 
removal from office, the governor shall issue a writ to the county 
or township, for which he was a member, to elect another in 
his stead, to serve for the residue of the term. 

The general assembly, or legislature, shall consist of the gov- 
ernor, legislative council, and a house of representatives. The 
legislative council shall consist of 5 members, to continue in 
oflflce 5 years, unless sooner removed by congress ; any 3 of whom 
to be a quorum: and the members of the council shall be nomi- 
nated and appointed in the following manner, to-wit : As soon 
as representatives shall be elected, the governor shall appoint a 
time and place for them to meet together, and, when met, they 
shall nominate 10 persons, residents in the district, and each 
possessed of a freehold in 500 acres of land, and return their 
names to congress; 5 of whom congress shall appoint and com- 
mission to serve as aforesaid; and whenever a vacancy shall 
happen in the council, by death or removal from office, the house 
of representatives shall nominate 2 persons, qualified as afore- 
said, for each vacancy, and return their names to congress; one 
of whom congress shall appoint and commission for the residue 
of the term. And every 5 years, 4 months at least before the 
expiration of the time of service of the members of council, 
the said house shall nominate 10 persons, qualified as aforesaid, 
and return their names to congress; 5 of whom congress shall 
apjDoint and commission to serve as members of the council 5 
years, unless sooner removed. And the governor, legislative 
council, and house of representatives, shall have authority to 
make laws, in all cases, for the good government of the district, 
not repugnant to the principles and articles in this ordinance 
established and declared. And all bills having passed by .a 
m.ajority in the house, and by a majority in the council, shall 
be referred to the governor for his assent; but no bill or legis- 



220 Ordinance of 1787 

lative act whatever, shall be of any force without his assent. 
The governor shall have power to convene, prorogue and dis- 
solve the general assembly, when in his opinion it shall be 
expedient. 

The governor, judges, legislative council, secretary, and such 
other officers as congress shall appoint in the district, shall take 
an oath or affirmation of fidelity, and of ofl&ce; the governor 
before the president of congress, and all other officers before 
the governor. As soon as a legislature shall be formed in the 
district the council and the house assembled, in one room, 
shall have authority by joint ballot, to elect a delegate to con- 
gress, who shall have a seat in congress, with a right of debat- 
ing, but not of voting during this temporary government. 

And for extending the fundamental principles of civil and 
religious liberty, v/hich form the basis whereon these republics, 
their laws and constitutions are erected; to fix and establish 
those principles as the basis of all laws, constitutions, and gov- 
ernments, which forever hereafter shall be formed in the said 
territory: to provide also for the establishment of states, and 
permanent government therein, and for their admission to a 
share in the federal councils on an equal footing with the 
original states, at as early periods as may be consistent with 
the general interest. 

It is hereby ordained and declared, by the authority aforesaid. 
That the following articles shall be considered as articles of 
compact between the original states, and the people and states 
in the said territory, and forever remain unalterable, unless by 
common consent, to-wit: 

1. No person, demeaning himself in a peaceable and orderly 
manner, shall ever be molested on account of his mode of wor- 
ship or religious sentiments, in the said territory. 

2. The inhabitants of the said territory shall always be en- 
titled to the benefits of the writ of habeas corpus, and of the 
trial by jury; of a proportionate representation of the people 
in the legislature, and of judicial proceedings according to the 
course of the common law. All persons shall be bailable, unless 
for capital offenses, where the proof shall be evident, or the 



Ordinance of 1787 221 

presumption great. All fines shall be moderate; and no cruel 
or unusual punishments shall be inflicted. No man shall be 
deprived of his liberty or property, but by the judgment of 
his peers, or the law of the land, and should the public exi- 
gencies make it necessary, for the common preservation, to 
take any person's property, or to demand his particular services, 
full compensation shall be made for the same. And in the 
just preservation of rights and property, it is understood and 
declared, that no law ought ever to be made, or have force in 
the said territory, that shall in any manner wdiatever interfere 
with, or affect private contracts or engagements, bona fide, 
and without fraud previously formed. 

3. Eeligion, morality and knowledge, being necessary to good 
government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. The utmost 
good faith shall always be observed towards the Indians; their 
lands and property shall never be taken from them without 
their consent; and in their property, rights and liberty, they 
never shall be invaded or disturbed, unless in just and lawful 
wars authorized by congress; but laws founded in justice and 
humanity shall from time to time be made, for preventing 
wrongs being done to them, and for jDreserving peace and 
friendship with them. 

4. The said territory, and the states which may be formed 
therein, shall forever remain a part of this confederacy of the 
United States of America, subject to the articles of confedera- 
tion, and to such alterations therein as shall be constitutionally 
made; and to all the acts and ordinances of the United States 
in congress assembled, conformable thereto. The inhabitants 
and settlers in the said territory, shall be subject to pay a part 
of the federal debts, contracted or to be contracted, and a 
proportional part of the expenses of government, to be appor- 
tioned on them by congress, according to the same common rule 
and measure, by which apportionments thereof shall be made on 
the other states; and the taxes for paying their proportion 
shall be laid and levied by the authority and direction of the 
legislatures of the district or districts or new states, as in the 



222 Ordinance of 1787 

original states, within the time agreed upon by the United 
States in congress assembled. The legislatures of those dis- 
tricts or new states, shall never interfere with the primary dis- 
posal of the soil by the United States in congress assembled, 
nor with any regulations congress may find necessary for secur- 
ing the title in such soil to the bona fide purchasers. No tax 
shall be imposed on lands the property of the United States; 
and in no case shall non-resident proprietors be taxed higher 
than residents. The navigable waters leading into the Mis- 
sissippi and St. Lawrence, and the carrying places between 
the same, shall be common highways, and forever free, as well 
to the inhabitants of the said territory, as to the citizens of the 
United States, and those of any other states that may be 
admitted into the confederacy, without any tax, impost, or duty 
therefor. 

5. There shall be formed in the said territory not less than 3, 
nor more than 5 states; and the boundaries of the states, as 
soon as Virginia shall alter her act of cession, and consent to 
the same, shall become fixed and established as follows, to wit: 
The western state in the said territory shall be bounded by the 
Mississippi, the Ohio and Wabash rivers; a direct line drawn 
from the Wabash and Post Vincents due north to the territorial 
line between the United States and Canada; and by the said 
territorial line to the lake of the Woods and Mississippi. The 
middle state shall be bounded by the said direct line, the 
Wabash from Post Vincents to the Ohio; by the Ohio, by a 
direct line drawn due north from the mouth of the Great 
Miami, to the said territorial line, and by the said territorial 
line. The eastern state shall be bounded by the last mentioned 
direct line, the Ohio, Pennsylvania, and the said territorial line : 
provided, however, and it is further understood and declared, 
that the boundaries of these 3 states, shall be subject so far 
to be altered, that if congress shall hereafter find it expedient, 
they shall have authority to form 1 or 2 states in that part 
of the said territory which lies north of an east and west line 
drawn through the southerly bend or extreme of lake Michigan. 
And whenever any of the said states, shall have 60,000 free 



Ordinance of 1787 223 

inhabitants therein, such state shall be admitted, by its dele- 
gates, into the congress of the United States, on an equal foot- 
ing with the original states, in all respects whatever; and shall 
be at liberty to form a permanent constitutional and state gov- 
ernment: provided the constitution and government so to be 
formed, shall be republican, and in conformity to the principles 
contained in these articles; and so far as it can be consistent 
vith the general interest of the confederacy, such admission 
shall be allowed at an earlier period, and when there may be a 
less number of free inhabitants in the state than 60,000. 

6. There shall be neither slavery nor involuntary servitude in 
the said territory, otherwise than in the punishment of crimes, 
whereof the party shall have been duly convicted: provided 
always, that any person escaping into the same, from whom 
labor or service is lawfully claimed in any one of the original 
states, such fugitive may be lawfully reclaimed, and conveyed 
to the person claiming his or her labor or service as aforesaid. 

Be it ordained by the authority aforesaid, That the resolu- 
tions of the 23d of April, 1784, relative to the subject of this 
ordinance, be, and the same are hereby repealed and declared 
null and void. 



THE CONSTITUTION OF THE UNITED STATES 
OF AMERICA 

Preamble 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, 
jjrovide for the common defence, promote the general welfare, 
and secure the blessings of liberty to ourselves and our pos- 
terity, do ordain and establish this constitution for the United 
States of America. 

ARTICLE I— Legislative 

Section 1 — Congress 

1. All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate 
and house of representatives. 

Section 2. — House of representatives 

1. Election — The house of representatives shall be composed 
of members chosen every 2d year by the people of the several 
states; and the electors in each state shall have the qualifica- 
tions requisite for electors of the most numerous branch of the 
state legislature. 

2. Qualifications — No person shall be representative who shall 
Tiot have attained the age of 25 years, and been 7 years a 
citizen of the United States, and who shall not when elected, 
be an inhabitant of that state in which he shall be chosen. 

3. Ayportionment — Eepresentatives and direct taxes shall be 
apportioned among the several states which may be included 
within this union, according to their respective numbers, which 
s'.all be determined by adding to the whole number of free per- 
sons, including those bound to service for a term of years, and 

224 



Congress : Organization 225 

excluding Indians not taxed, % of all other persons. The 
actual enumeration shall be made within 3 years after the first 
meeting of the congress of the United States, and within every 
subsequent term of 10 years, in such manner as they shall by 
law direct. The number of representatives shall not exceed one 
for every 30,000, but each state shall have at least 1 representa- 
tive; and until such enumeration shall be made, the state of 
New Hampshire shall be entitled to choose 3; Massachusetts, 
8 ; Ehode Island and Providence Plantations, 1 ; Connecticut, 5 ; 
New,. York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; 
Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 
5; and Georgia, 3. 

4. Vacancies — ^When vacancies happen in the representation 
from any state, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

5. Officers — The house of representatives shall choose their 
speaker and other officers, and shall have the sole power of 
impeachment. 

Section 3 — Senate 

[This paragraph has been amended. See Article XVII of the 
amendments : 1. Election — The senate of the United States shall be 
composed of 2 senators from each state, chosen by the legislature 
thereof, tor six years; and each senator shall have 1 vote.] 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into 3 classes. The seats of the senators of the 1st class shall be 
vacated at the expiration of the 2d year, of the 2d class at 
the expiration of the 4th year, and of the 3d class at the expira- 
tion of the 6th year, so that % may be chosen every 2d year; 
and if vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any state, the executive thereof may 
make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. See Amend- 
ment XVII. 

3. Qualifications — No person shall be a senator who shall not 
have attained the age of 30 years, and been 9 years a citizen 



226 National Constitution 

of the United states, and who shall not, when elected, be an 
inhabitant of that state for which he shall be chosen. 

4. Officers — The vice-president of the United States shall be 
president of the senate, but shall have no vote unless they be 
equally divided. 

5. The senate shall choose their other officers, and also a pres- 
ident pro tempore in the absence of the vice-president, or when 
he shall exercise the office of president of the United States. 

6. Impeachment — The senate shall have the sole power to try 
all impeachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the president of the United States 
is tried, the chief justice shall preside; and no person shall b3 
convicted without the concurrence of % of the members present. 

7. Judgments in cases of impeachments shall not extend fur- 
ther than removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit under the United 
States; but the party convicted shall, nevertheless, be liable 
and subject to indictment, trial, judgment and punishment, ac- 
cording to law. 

Section 4 — Elections and meetings of congress 

1. Elections — The times, places and manner of holding elec- 
tions for senators and representatives shall be prescribed in each 
state by the legislature thereof; but the congress may at any 
time by law make or alter such regulations, except as to the 
place of choosing senators. 

2. Meetings — The congress shall assemble at least once in 
every year ; and such meeting shall be on the 1st Monday in De- 
cember, unless they shall by law appoint a different day. 

Section 5 — Organization 

1. Quorum — Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each shall constitute a cjuorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 



Congress : Organization 227 

to compel the attendance of absent members, in such manner 
and under such penalties as each house may provide. 

2. Bules — Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, and with 
the concurrence of %, expel a member. 

3. Journal — Each house shall keep a journal of its proceed- 
ings and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the yeas 
and nays of the members of either house on any question shall, 
at the desire of ^^ of those present, be entered on the journal. 

4. Adjournment — Neither house, during the session of con- 
gress, shall, without the consent of the other, adjourn for more 
than 3 days, nor to any other place than that in which the two 
houses shall be sitting. 

Section 6 — Members as individuals 

1. Tay and privileges — The senators and representatives shall 
receive a compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United States. They 
shall in all cases except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at 
the sessions of their respective houses, and in going to and 
returning from the same; and for any speech or debate in 
either house they shall not be questioned in any other place. 

2. Prohibitions — No senator or representative shall, during 
the time for which he was elected, be apointed to any civil 
oflSce under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any ofl&ce 
under the United States shall be a member of either house dur- 
ing his continuance in ofl&ce. 

Section 7 — ^Eevenue bills; the veto 

1. Bevenue hills — All bills for raising revenue shall originate 
in the house of representatives; but the senate may propose or 
concur with amendments as on other bills. 



228 National Constitution 

2. The veto — Every bill whicli shall have passed the house 
of representatives and the senate shall, before it become a 
law, be presented to the president of the United States; if he 
approve, he shall sign it; but if not he shall return it, with 
his objections, to that house in which it shall have originated; 
who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsideration, % of 
that house shall agree to pass the bill, it shall be sent, to- 
gether with the objections, to the other house, by which it> 
shall likewise be reconsidered; and, if approved by % of that 
house, it shall become a law. But in all such cases, the votes 
of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If any bill 
shall not be returned by the president within 10 days (Sundays 
excepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the 
congress, by their adjournment, prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution or vote, to which the concurrence 
of the senate and the house of representatives may be necessary 
(except on a question of adjournment), shall be presented to 
the president of the United States; and, before the same shall 
take effect, shall be approved by him ; or, being disapproved 
by him shall be repassed by % of the senate and house of 
representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 



Section 8 — Legislative powers 

The congress shall have power: 

1. To lay and collect taxes, duties, imposts, and excises; to 
pay the debts and provide for the common defence and general 
welfare of the United States; but all duties, imposts and 
excises shall be uniform throughout the United States. 

2. To borrow money on the credit of the United States. 



Congress: Powers 229 

3. To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the United 
States. 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

7. To establish post-ofl&ces and post-roads. 

8. To promote the progress of science and useful arts, by 
securing for limited times, to authors and inventors, the exclu- 
sive right to their respective writings and discoveries. 

9. To constitute tribunals inferior to the supreme court. 

10. To define and punish piracies and felonies committed on 
the high seas, and offences against the law of nations. 

11. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

12. To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than 2 years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the- 
land and naval forces. 

15. To provide for calling forth the militia to execute the 
laws of the union, suppress insurrections, and repel invasions. 

16. To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States; reserving to the 
states respectively the appointment of the oflScers and the 
authority of training the militia according to the discipline 
prescribed by congress. 

17. To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding 10 miles square) as may, by 
cession of particular states, and the acceptance of congress, 
become the seat of government of the United States; and to 
exercise like authority over all places purchased by the con- 



230 National Constitution 

sent of the legislature of the state in which the same shall 
be, for the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the government of the 
United States, or in any department or officer thereof. 

Section 9 — Prohibitions upon the United States 

1. The migration or importation of such persons as any of 
the states now existing shall think proper to admit, shall not 
be prohibited by the congress prior to the year 1808 ; but a 
tax or duty may be imposed on such importation not exceeding 
$10 for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the 
public safety may require it. 

3. No bill of attainder, or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 

' to be taken. 

5. No tax or duty shall be laid on any articles exported 
from any state. No preference shall be given by any regulation 
of commerce or revenue to the ports of one state over those of 
another; nor shall vessels bound to or from one state be 
obliged to enter, clear or pay duties in another. 

6. No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law; and a regular state- 
ment and account of the receipts and expenditures of all pub- 
lic money shall be published from time to time. 

7. No title of nobility shall be granted by the United States ; 
and no j)erson holding any of3Eice of profit or trust under them 
shall, without the consent of the congress, accept of any pres- 
ent, emolument, office or title of any kind whatever, from any 
king, prince, or foreign state. 



The President; Powers 231 

Section 10 — Prohibitions upon the states 

1. Absolute — No state shall enter into any treaty, alliance 
or confederation ; grant letters of marque and reprisal ; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts; or grant any title of nobility. 

2. Except by consent of congress — No state shall, without 
consent of congress, lay any imports or duties on imports or 
exports, except what may be obsolutely necessary for executing 
its inspection laws; and the net produce of all duties and 
imposts laid by any state on imports or exports shall be for 
the use of the treasury of the United States, and all such laws 
shall be subject to the revision and control of the congress. 
No state shall, without the consent of congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state, or with a 
foreign power, or engage in war, unless actually invaded, or 
in such imminent danger as will not admit of delay. 



ARTICLE II— Executive 

Section 1 — The President and Vice-President 

1. Election — The executive power shall be vested in a presi- 
dent of the United States of America. He shall hold his 
office during the term of 4 years; and together with the vice- 
president chosen for the same term, be elected as follows: 

2. Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors equal to the whole 
number of senators and representatives to which the state may 
be entitled in the congress; but no senator or representative, 
or person holding an office of trust or profit under the United 
States, shall be appointed an elector. 



232 National Constitution 

The following clause has been superseded by Article XII of the 
amendments : 

3. The electors shall meet in their respective states, and vote by 
ballot for 2 persons, of whom one at least shall not be an inhabitant 
of the same state with themselves. And they shall make a list of 
all the persons voted for, and of the number of votes for each, 
which list they shall sign and certify, and transmit, sealed, to the 
seat of the government of the United States, directed to the 
president of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The person having 
the greatest number of votes shall be the president, if such number 
be a majority of the whole number of electors appointed, and if 
there be more than one who have such majority, and have an equal 
number of votes, then the house of representatives shall immediately 
choose by ballot one of them for president ; and if no person have 
a majority, then, from the 5 highest on the list, the said house 
shall, in like manner, choose the president. But in choosing the 
president, the vote shall be taken by states, the representation 
from each state having 1 vote : a quorum for this purpose shall 
consist of a member or members from % of the states, and a 
majority of all the states shall be necessary to a choice. In every 
case, after the choice of the president, the person having the 
greatest number of votes of the electors shall be the vice-president. 
But if there should remain 2 or more who have equal votes, the 
senate shall choose from them, by ballot, the vice-president. 

4. The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

5. Qualifications — No person, except a natural born citizen 
or a citizen of the United States at the time of the adoption 
of this constitution shall be eligible to the oflSce of president; 
neither shall any person be eligible to that office who shall not 
have attained to the age of 35 years, and been 14 years a 
resident within the United States. 

6. Vacancy — In case of the removal of the president from 
office, or of his death, resignation or inability to discharge the 
powers and duties of said office, the same shall devolve on the 
vice-president; and the congress may, by law, provide for the 
case of removal, death, resignation or inability, both of the 
president and vice-president, declaring what officer shall then 



The President; Powers 233 

act as president, and such officer shall act accordingly, until 
the disability be removed, or a president shall be elected. 

7. Salary — The president shall, at stated times, receive for 
his services a compensation which shall neither be increased or 
diminished during the period for which he shall have been 
elected; and he shall not receive within that period any other 
emolument from the United States, or any of them. 

8. Oath — Before he enter on the execution of his office, he 
shall take the following oath of affirmation: 

*^I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of president of the United States; and will, to 
the best of my ability, preserve, protect and defend the con- 
stitution of the United States.** 

Section 2 — Pov^ers op the president 

1. The president shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States. 
He may require the oj)inion, in writing, of the principal officer 
in each of the executive departments, upon any subject relating 
to the duties of their respective offices; and he shall have 
power to grant reprieves and pardon for offenses against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent 
of the senate, to make treaties, provided % of the senators 
present concur; and he shall nominate, and by and with the 
advice and consent of the senate shall appoint, ambassadors, 
other public ministers and consuls, judges of the supreme court, 
and all other officers of the United States whose appointments 
are not herein otherwise provided for, and which shall be 
established by law. But the congress may, by law, vest the 
appointment of such inferior officers as they think proper, in 
the president alone, in the courts of law, or in the heads of 
departments. 

3. The president shall have power to fill up all vacancies 
that may happen during the recess of the senate, by granting 
commissions which shall expire at the end of their next session. 



234 National Constitution 

Section 3 

1. He shall, from time to time, give to the congress informa- 
tion of the state of the union, and recommend to their con- 
sideration such measures as he shall judge neces&ary and 
expedient. He may, on extraordinary occasions, convene both 
houses, or either of them ; and in case of disagreement between 
them with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper. He shall receive 
ambassadors and other public ministers. He shall take care 
that the laws be faithfully executed; and shall commission all 
the oflEicers of the United States. 

Section 4 — Impeachments 

1. The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery or other higher crimes and 
misdemeanors. 

ARTICLE III— Jud-clal 

Section 1 — Courts 

1. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress 
may, from time lo time, ordain and establish. The judges, both 
of the supreme and inferior courts, shall hold their offices dur- 
ing good behavior; and shall, at stated times, receive for their 
services a compensation which shall not be diminished during 
their continuance in office. 

Section 2 — Jurisdiction 

1. Extent — The judicial power shall extend to all cases in 
law and equity arising under this constitution, the laws of the 
United States and treaties made, or which shall be made under 
their authority; to all cases affecting ambassadors, other pub- 
lic ministers and consuls; to all cases of admirality and mari- 
time jurisdiction ; to controversies to which the United States 



Relations of States 235 

shall be a party; to controversies between 2 or more states; 
between a state and citizens of another state; between citi- 
zens of different states; between citizens of the same state 
claiming lands under grants of different states, and between a 
state, or the citizens thereof, and foreign states, citizens or 
subjects. 

2. Original and appellate — In all cases affecting ambassadors, 
other public ministers and consuls, and those in which a state 
shall be party, the supreme court shall have original jurisdic- 
tion. In all the other cases before mentioned, the supreme 
court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the congress 
shall make. 

3. Criminal — The trial of all crimes^ except in cases of im- 
peachment, shall be by jury, and such trial shall be held in the 
state where the said crimes shall have been committed; but 
when not committed within any state, the trial shall be at 
such place or places as the congress may by law have directed. 

Section 3 — Treason 

1. Definition and proof — Treason against the United States 
shall consist only in levying war against them or in adhering 
to their enemies, giving them aid and comfort. No person 
shall be convicted of treason, unless on the testimony of 2 
witnesses to the same overt act, or on confession in open court. 

2. Limit — The congress shall have power to declare the pun- 
ishment of treason, but no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during the life of the 
person attainted. 

ARTICLE IV— Relations of states 

Section 1 — Public records 

1. Full faith and credit shall be given in each state to the 
public acts, records and judicial proceedings of every other 
state; and the congress may, by general laws, prescribe the 



236 NatioNxVl Constitution 

manner in which such acts, records and proceedings shall be 
proved, and the effect thereof. 

Section 2 — Rights of citizens 

1. In other states — The citizens of each state shall be entitled 
to all privileges and immunities of citizens in the several states. 

2. Extradition — A person charged in any state with treason, 
felony or other crime, who shall flee from justice, and be found 
in another state, shall, on demand of the executive authority of 
the state from which he fled, be delivered up, to be removed to 
the state having jurisdiction of the crime. 

3. A relic of slavery — No person held to service or labor in 
one state under the laws thereof, escaping into another shall, 
in consequence of any law or regulation therein, be discharged 
from such service or labor ; but shall be delivered upon claim of 
the party to whom such service or labor may be due. 

Section 3 — New states and territories 

1. New states — New states may be admitted by the congress 
into this union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, nor any state be 
formed by the junction of 2 or more states, or parts of states, 
without the consent of the legislatures of the states concerned, 
as well as of the congress. 

2. Territories — The congress shall have power to dispose of, 
and make all needful rules and regulation respecting, the terri- 
tory or other property belonging to the United States, and 
nothing in this constitution shall be so construed as to preju- 
dice any claims of the United States, or of any particular state. 

Section 4 — National protection 

1. The United States shall guarantee to every state in this 
union a republican form of government, and shall protect each 
of them against invasion ; and, on application of the legislature, 
or of the executive (when the legislature cannot be convened), 
against domestic violence. 



Amendments 237 



ARTICLE V— Amendments 

1. The congress, whenever % of both houses shall deem it 
necessary, shall propose amendments to this constitution; or, 
on the application of the legislatures of % of the several states, 
shall call a convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, as part 
of this constitution when ratified by the legislatures of % of 
.the several states, or by conventions of % thereof, as the one or 
the other mode of ratification may be proposed by congress; 
provided that no amendment, which may be made prior to the 
year 1808, shall in any manner affect the 1st and 4th clauses 
in the 9th section of the 1st article, and that no state without 
its consent, shall be deprived of its equal suffrage in the senate. 



ARTICLE VI— Sundry provisions 

1. National dehts — All debts contracted and engagements en- 
tered into before the adoption of this constitution shall be as 
valid against the United States under this constitution, as 
under the confederation, 

2. National law supreme — This constitution, and the laws of 
the United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made under the author- 
ity of the United States, shall be the supreme law of the land; 
and the judges in every state shall be bound thereby, anything 
in the constitution or laws of any state to the contrary not- 
withstanding. 

3. Oaths — The senators and representatives before mentioned, 
and the members of the several state legislatures, and all exe- 
cutive and judicial officers, both of the United States and of the 
several states, shall be bound by oath or affirmation to support 
this constitution; but no religious test shall ever be required 
as a qualification to any office or public trust under the United 
States. 



238 National Constitution 

ARTICLE VII— Establishment 

1. The ratification of the conventions of 9 states shall be 
sufficient for the establishment of this constitution between the 
states so ratifying the same. — Constitution ratified by states, 
1787-90. 

AMENDMENTS 
I — Freedom of religion, speech and petition 

Congress may make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech or of the press; or the right of the 
people peaceably to assemble, and to petition the government 
for a redress of grievances. — (1791). 

II — Arms 

A well regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall 
not be infringed.— fi75i;. 

Ill — Quartering of soldiers 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a 
manner to be prescribed by law. — (1791). 

IV — Search warrants 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, 
shall not be violated; and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and partic- 
ularly describing the place to be searched, and the -persons or 
things to be seized. — (1791). 



Amendments 239 

V — Criminal proceedings 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or pub- 
lic danger; nor shall any person be subject for the same offense 
to be twice put in jeopardy of life or limb; nor shall be com- 
pelled, in any criminal case, to be a witness against himself, 
nor be deprived of life, liberty or property, without due process 
of law; nor shall private property be taken for public use with- 
out just compensation. — (1791). 

VI — Criminal proceedings 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the state 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law; and to be 
informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defence. — (1791). 

VII — Trial by jury- 
in suits at common law, where the value in controversy shall 
exceed $20, the right of trial by jury shall be preserved; and no 
fact tried by a jury shall be otherwise re-examined m any court 
of the United States, than according to the rules of the common 
law.— (1791). 

VIII — Excessive bail and punishment 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. — (1791). 



240 National Constitution 

IX — Rights not named 

The enumeration in the constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 
—(1791). 

X — Powers reserved by the states 

The powers not delegated to the United States by the consti- 
tution, nor prohibited by it to the states, are reserved to the 
states respectively, or to the people. — (1791). 

XI — Suits against states 

The judicial povv^er of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of an- 
other state, or by citizens or subjects of any foreign state. 
—(1798). 

XII — Election of president 

1. The electors shall meet in their respective states, and vote 
by ballot for president and vice-president, one of whom at least 
shall not be an inhabitant of the same state with themselves. 
They shall name in their ballots the person voted for as presi- 
dent, and in distinct ballots the person voted for as vice-presi- 
dent ; and they shall make distinct lists of all persons voted for 
as president, and of all persons voted for as vice-president, and 
of the number of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of government of the 
United States, directed to the president of the senate. The 
president of the senate shall, in the presence of the senate and 
house of representatives, open all tlie certificates, and the votes 
shall then be counted. The person having the greatest number 
of votes for president shall be the president, if such number be 
a majority of the whole number of electors appointed ; and if 
no person have such majority, then from the persons having the 
highest numbers, not exceeding 3, on the list of those voted for 



Amendments 241 

as president, the house of representatives shall choose imme- 
diately, by ballot, the president. But in choosing the president, 
the votes shall be taken by states, the representation from each 
state having one vote; a quorum for this purpose shall con- 
sist of a member or members from % of the states, and a ma- 
jority of all the states shall be necessary to a choice. And if 
the house of representatives shall not choose a president, when- 
ever the right of the choice shall devolve upon them, before the 
4th day of March next following, then the vice-president shall 
act as president as in the case of the death or other constitu- 
tional disability of the president. 

2. The person having the greatest number of votes as vice- 
president shall be the vice-president, if such number be a major- 
ity of the whole number of electors appointed ; and if no person 
have a majority, then from the 2 highest numbers on the list 
the senate shall choose the vice-president. A quorum for the 
purpose shall consist of % of the whole number of senators, 
and a majority of the whole number shall be necessary to a 
choice. 

3. But no person constitutionally ineligible to the office of 
president shall be eligible to that of vice-president of the 
United States.— (1804). 

XIII — Slavery abor'shed 

Neither slavery nor involuntary servitude, except as a punish- 
ment for crime, whereof the party shall have been duly con- 
victed, shall exist w'ithin the United States, or any place subject 
to their jurisdiction. 

2. Congress shall have power to enforce this article by ap- 
propriate legislation. — (1865). 

XIV— Civil rights 

1. Civil rights — All persons born or naturalized in the United 
States subject to the jurisdiction thereof are citizens of the 
United States and of the state wherein they reside. No state 



242 National Constitution 

shall make or enforce any law which shall abridge the privileges 
or immunities of the citizens of the United States ; nor shall any- 
state deprive any person of life, liberty or property, without due 
process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws. 

2. Apportionment of representatives — Representatives shall be 
apportioned among the several states according to their respec- 
tive numbers, counting the whole number of persons in each* 
state, excluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for president and vice- 
president of the United States, representatives in congress, the 
executive and judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male inhabitants of 
such state, being 21 years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation therein shall be 
reduced in the proportion which the Jiumber of such male 
citizens shall bear to the whole number of male citizens 21 years 
of age in such state. 

3. Political disahilities — No person shall be a senator or 
representative in congress, or elector of president and vice- 
president, or hold any office, civil or military, under the United 
States, or under any state, who having previously taken an oath 
as a member of congress, or as an officer of the United States, 
or as any member of any state legislature, or as an executive 
or judicial officer of any state, to support the constitution of 
the United States, shall have engaged in insurrection or rebel- 
lion against the same, or given aid or comfort to the enemies 
thereof. But congress may, by a vote of % of each house, re- 
move such disability. 

4. Public debt — The validity of the public debt of the United 
States authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrec- 
tion and rebellion, shall not be questioned. But neither the 
United States nor any state shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for loss or emancipation of any 



Amendments 243 

slave; but all such debts, obligations and claims shall be held 
illegal and void. 

5. The congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. — (1868). 

XV— Suffrage 

1. The right of the citizens of the United States to vote shall 
not be denied or abridged by the United States or by any 
state on account of race, color, or previous condition of servi- 
tude. 

2. The congress shall have power to enforce this article by 
appropriate legislation. — (1870). 

XVI— Taxes 

The congress shall have power to lay and collect taxes on in- 
comes, from whatever source derived, without apportionment 
among the several states, and without regard to any census or 
enumeration. 

XVII— The Senate 

Tho senate of the United States shall be composed of two 
senators from each state, elected by the people thereof, for six 
years ; and each senator shall have one vote. The* electors in 
each state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislatures. 

When vacancies happen in the representation of any state in 
the senate, the executive authority of such state shall issue 
writs of election to fill such vacancies: Provided, That the 
legislature of any state may empower the executive thereof 
to make temporary appointments until the people fill the vacan- 
cies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the 
election or term of any senator chosen before it becomes valid 
as part of the constitution. 



THE CONSTITUTION OF THE STATE OF NEW 

MEXICO 

Adopted by the Constitutional Convention, Held 
AT Santa Fe, N. M., from October 3 to Novem- 
ber 21, 1910, and Eatified by the People 
January 21, 1911. 

We, the people of New Mexico, grateful to Al- 
mighty God for the blessings of liberty, in order to 
secure the advantages of a state government, do 
ordain and establish tliis constitution. 

ARTICLE I — Name and Boundaries 

The name of this state is Ncav Mexico, and its 
boundaries are as follows : 

Beginning at the point where the thirty-seventh 
parallel of north latitude intersects the one hundred 
and third meridian west from Greenwich ; thence 
along said one hundred and third meridian to the 
thirty-second parallel of north latitude; thence along 
said thirty-second parallel to the Rio Grande, also 
known as the Rio Bravo del Norte, as it existed 
on the ninth day of September, one thousand eight 
hundred and fifty; thence, following the main chan- 
nel of said river, as it existed on the ninth day of 
September, one thousand eight hundred and fifty, to 
the parallel of thirty-one degrees forty-seven min- 

244 



Sec. 5] Bill of Rights 245 

utes north latitude; thence west one hundred miles 
to a point; thence south to the parallel of thirty-one 
degrees twenty minutes north latitude; thence along 
said parallel of thirty-one degrees twenty minutes, 
to the thirty-second meridian of longitude west from 
Washington ; thence along said thirty-second meridian 
to the thirty-seventh parallel of north latitude ; thence 
along said thirty-seventh parallel to the point of be- 
ginning. 

ARTICLE II— Bill of Rights 

Section 1. Relation to the Union. — The State of 
New Mexico is an inseparable part of the Federal 
Union, and the Constitution of the United States is 
the supreme law of the land. 

Sec. 2. Relation of government to the people. — 
All political power is vested in and derived from the 
people; all government of right originates Avith the 
people, is founded upon their will and is instituted 
solely for their good. 

Sec. 3. Self-government. — The people of the state 
have the sole and exclusive right to govern them- 
selves as a free, sovereign and independent state. 

Sec. 4. Inalienahle rights. — All persons are born 
equally free, and have certain natural, inherent and 
inalienable rights, among which are the rights of en- 
joying and defending life and liberty, of acquiring, 
possessing and protecting property, and of seeking 
and obtaining safety and happiness. 

Sec. 5. Treaty of Guadalupe Hidalgo. — The rights, 
privileges and immunities, civil, political and relig- 



246 Constitution of New Mexico [Art. II 

ious, guaranteed to the people of New Mexico by the 
treaty of Guadalupe Hidalgo shall be preserved in- 
violate. 

Sec. 6. Right to hear arms. — The people have the 
right to bear arms for their security and defense, but 
nothing herein shall be held to permit the carrying 
of concealed weapons. 

Sec. 7. Writ of habeas corpus. — The privilege of 
the writ of habeas corpus shall never be suspended, 
unless, in case of rebellion or invasion, the public 
safety requires it. 

Sec. 8. Free and open elections. — All elections 
shall be free and open, and no power, civil or mili- 
tary, shall at any time interfere to prevent the free 
exercise of the right of suffrage. 

Sec. 9. Sub ordination of military powers. — The 
military shall always be in strict subordination to 
the civil power; no soldier shall in time of peace be 
quartered in any house without the consent of the 
owner, nor in time of war except in the manner pre- 
scribed by law. 

Sec. 10. Search warrant. — The people shall be 
secure in their persons, papers, homes and effects, 
from unreasonable searches and seizures, and no war- 
rant to search any place, or seize any persons or 
thing, shall issue without describing the place to be 
searched, or the persons or things to be seized, nor 
without a written showing of probable cause, sup- 
ported by oath or affirmation. 

Sec. 11. Freedom of worship. — Every man shall 
be free to worship God according to the dictates of his 



Sec. 14] Bill of Eights 247 

own conscience, and no person shall ever be molested 
or denied any civil or political right or privilege 
on account of his religious opinion or mode of re- 
ligious worship. No person shall be required to 
attend any place of worship or support any religious 
sect or denomination; nor shall any preference be 
given by law to any religious denomination or mode of 
worship. 

Sec. 12. Trial by jury. — The right of trial by jury 
as it has heretofore existed shall be secured to all 
and remain inviolate. In all cases triable in courts 
inferior to the district court the jury may consist of 
six. The legislature may provide that verdicts in 
civil cases may be rendered by less than a unanimous 
vote of the jury. 

Sec. 13. Bail. — All persons shall be bailable by 
sufficient sureties, except for capital offenses when the 
proof is evident or the presumption great. Exces- 
sive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. 

Sec. 14. Presentment or indictment. — No persons 
shall be held to answer for a capital, felonious or in- 
famous crime unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the 
militia when in actual service in time of war or pub- 
lic danger. In all criminal prosecutions the accused 
shall have the right to appear and defend himself 
in person, and by counsel to demand the nature and 
cause of the accusation ; to be confronted with the 
witnesses against him; to have the charge and testi-. 
mony interpreted to him in a language that he under- 



248 Constitution of New Mexico [Art. II 

stands; to have compulsory process to compel the 
attendance of necessary witnesses in his behalf, and 
a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged to 
have been committed. 

Sec. 15. Right of accused. — No person shall bo 
compelled to testify against himself in a criminal pro- 
ceeding, nor shall any person be twice put in jeopardy 
for the same offiense ; and when the indictment, in- 
formation or affidavit upon which any person is con- 
victed charges different offenses or different degrees 
of the same offense and a new trial is granted, the 
accused, he may not again be tried for an offense or 
degree of the offense greater than the one of which 
he was convicted. 

Sec. 16. Treason. — Treason against the state shall 
consist only in levying war against it, adhering to its 
enemies, or giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confes- 
sion in open court. 

Sec. 17. Freedom of speech. — Every person may 
freely speak, write and publish his sentiments on all 
subjects, being responsible for the abuse of that right • 
and no law shall be passed to restrain or abridge 
the liberty of speech or of the press. In all criminal 
prosecutions for libels, the truth may be given in 
evidence to the jury ; and if it shall appear to the 
jury that the matter charged as libelous is true and 
was published wdth good motives and for justifiable 
ends, the party shall be acquitted. 



Sec. 1] Distribution of Powers 249 

Sec. 18. Due process of law. — No person shall be 
deprived of life, liberty or property without due proc- 
ess of law; nor shall any person be denied the equal 
protection of the laws. 

Sec. 19. Ex-post-facto law, etc. — No ex-post-facto 
law, bill of attainder, nor law impairing the obliga- 
tion of contracts shall be enacted by the legislature. 

Sec. 20. Eminent domain. — Private property shall 
not be taken or damaged for public use without just 
compensation. 

Sec. 21. Imprisonment for debt. — No person shall 
be imprisoned for debt in any civil action. 

Sec. 22. Aliens. — No distinction shall ever be made 
by law between resident aliens and citizens in regard 
to the ownership or descent of property. 

Sec. 23. Rights retained. — The enumeration in 
this constitution of certain rights shall not be con- 
strued to dem^, impair or disparage others retained 
by the people. 

ARTICLE III— Distribution of Powers 

Section 1. The powers of the government of this 
state are divided into three distinct departments, the 
Legislative, Executive and Judicial, and no person or 
collection of persons charged with the exercise of 
powers properly belonging to one of these depart- 
ments, shall exercise any powers properly belonging 
to either of the others, except as in this constitution 
otherwise expressly directed or permitted. 



250 Constitution of New Mexico [Art. IV 



ARTICLE IV— Legislative Department 

Section 1. Senate and house. — The legislative 
power shall be vested in a senate and house of 
representatives which shall be designated the Legis- 
lature of the State of New Mexico, and shall hold its 
sessions at the seat of government. 

Referendum. — The people reserve the power to dis- 
approve, suspend and annul any law enacted by the 
legislature, except general appropriation laws ; laws 
providing for the preservation of the public peace, 
health or safety; for the payment of the public debt 
or interest thereon, or the creation or funding of the 
same, except as in this constitution otherwise pro- 
vided ; for the maintenance of the public schools or 
state institutions, and local or special laws. Petitions 
disapproving any law other those above excepted, 
enacted at the last preceding session of the legisla- 
ture, shall be filed with the secretary of state not 
less than four months prior to the next general elec- 
tion. Such petitions shall be signed by not less than 
ten per centum of the qualified electors of each of 
three-fourths of the counties and in the aggregate by 
not less than ten per centum of the qualified electors 
of the state, as shown by the total number of votes 
cast at the last preceding general election. The ques- 
tion of the approval or rejection of such law shall be 
submitted by the secretary of state to the electorate 
at the next general election; and if a majoritj^ of 
the legal votes cast thereon, and not less than forty 



Sec. 1] Legislative Department 251 

per centum of the total number of legal votes cast at 
such general election, be cast for the rejection of 
such law, it shall be annulled and thereby repealed 
with the same effect as if the legislature had then 
repealed it, and such repeal shall revive any law 
repealed by the act so annulled ; otherwise, it shall 
remain in force unless subsequently repealed by the 
legislature. If such petition or petitions be signed 
by not less than twenty-five per centum of the quali- 
fied electors under each of the foregoing conditions, 
and be filed with the secretary of state within ninety 
days after the adjournment of the session of the legis- 
lature at which such law was enacted, the operation 
thereof shall be thereupon suspended and the question 
of its approval or rejection shall be likewise sub- 
mitted to a vote at the next ensuing general elec- 
tion. If a majority of the votes cast thereon and not 
less than forty per centum of the total number of 
votes cast at such general election be cast for its re- 
jection, it shall be thereby annulled ; otherwise, it 
shall go into effect upon publication of the certificate 
of the secretary of state declaring the result of the 
vote thereon. It shall be a felony for any person 
to sign any such petition with any name other than 
his own, or to sign his name more than once for the 
same measure, or to sign such petition when he is 
not a qualified elector in the county specified in such 
petition ; provided, that nothing herein shall be con- 
strued to prohibit the writing thereon of the name 
of any person who cannot write, and who signs the 
same with his mark. The legislature shall enact laws 



252 Constitution of New Mexico [Art. IV 

necessary for the effective exercise of the power here- 
by reserved. 

Sec. 2. Fulness of power. — In addition to the 
powers herein enumerated, the legislature shall have 
all powers necessary to the legislature of a free state. 

Sec. 3. Number and eligihility of legislature. — The 
senate shall consist of twenty-four, and the house of 
representatives of forty-nine members, who shall be 
qualified electors of their respective districts and resi- 
dents of New Mexico for at least three years next pre- 
ceding their election. Senators shall not be less than 
twenty-five years, and representatives not less than 
twenty-one years of age at the time of their election. 
No person shall be eligible to the legislature who, at 
the time of qualifying, holds any office of trust or 
profit under the state, county or national government, 
except notaries public and officers of the militia who 
receive no salary. 

Sec. 4. Election and term and vacancies. — Mem- 
bers of the legislature shall be elected as follows: 
Senators for the term of four years, and members 
of the house of representatives for the term of two 
years. They shall be elected on the day provided 
by law for holding the general election of state officers 
or representatives in congress. Vacancies in either 
house shall be filled by an election at a time to be 
designated by the governor. 

Sec. 5. Session begins and ends. — The first session 
of the legislature shall begin at twelve o'clock, noon, 
on the day specified in the proclamation of the gov- 
ernor. Subsequent sessions shall begin at 12 o'clock, 



Sec. 9] Legislative Department 253 

noon, on the second Tuesday of January next after 
each general election. No regular session shall exceed 
sixty days, except the first, which may be ninety days, 
and no special session shall exceed thirty days. 

Sec. 6. Special sessions. — Special sessions of the 
legislature may be called by the governor, but no 
business shall be transacted except such as relates 
to the objects specified in his proclamation. 

Sec. 7. Quorum. — Each house shall be judge of 
the election and qualifications of its own members. A 
majority of either house shall constitute a quorum 
to do business, but a less number may effect a tem- 
porary organization, adjourn from day to day, and 
compel the attendance of absent members. 

Sec. 8. Who shall call to order. — The senate shall 
be called to order in the hall of the senate by the 
lieutenant-governor. The senate shall elect a presi- 
dent pro tempore who shall preside in the absence 
of the lieutenant-governor and shall serve until the 
next session of the legislature. The house of repre- 
sentatives shall be called to order in the hall of said 
house by the secretary of state. He shall preside 
until the election of a speaker, who shall be the 
member receiving the highest number of votes for 
that office. 

Sec. 9. Officers. — The legislature shall choose its 
own officers and employes and fix their compensation, 
but the number and compensation shall never exceed 
the following : For each house, one chaplain at three 
dollars per day; one chief clerk and one sergeant-at- 
arms, each at six dollars per day; one assistant chief 



254 Constitution of New Mexico [Ai't. IV 

clerk and one assistant sergeant-at-arms, each at five 
dollars per day ; two enrolling clerks and two reading 
clerks, each at five dollars per day ; six stenographers 
for the senate and eight for the house, each at six 
dollars per day; and such subordinate employes in 
addition to the above as they may require, but the 
aggregate compensation of such additional employes 
shall not exceed twenty dollars per day for the senate 
and thirty dollars per day for the house. 

Sec. 10. Compensation. — Each member of the leg- 
islature shall receive as compensation for his services 
the sum of five dollars for each day 's attendance dur- 
ing each session and ten cents for each mile traveled 
in going to and returning from the seat of govern- 
ment by the usual traveled route, once each session, 
and he shall receive no other compensation, perquisite 
or allowance. 

Sec. 11. The rights of each house. — Each house 
may determine the rules of its procedure, punish its 
members or others for contempt or disorderly be- 
havior in its presence, and protect its members against 
violence; and may, with the concurrence of two- 
thirds of its members, expel a member, but not a sec- 
ond time for the same act. Punishment for contempt 
or disorderly behavior or by expulsion shall not be 
a bar to a criminal prosecution. 

Sec. 12; Fuhlic sessions. — All sessions of each 
house shall be public. Each house shall keep a jour- 
nal of its proceedings, and the yeas and nays on any 
question shall, at the request of one-fifth of the mem- 
bers present, be entered thereon. The original thereof 



Sec. 16] Legislative Department 255 

shall be filed with the secretary of state at the close 
of the session, and shall be printed and published 
under his authority. 

Sec. 13. Privileges of memhers. — Members of the 
legislature shall, in all cases except treason, felony 
and breach of the peace, be privileged from arrest 
during their attendance at the sessions of their re- 
spective houses, and on going to and returning from 
the same. And they shall not be questioned in any 
other place for any speech or debate or for any vote 
cast in either house. 

Sec. 14. Aeljournment. — Neither house shall, with- 
out the consent of the other, adjourn for more than 
three days, Sundays excepted ; nor to any other place 
than that where the two houses are sitting; and on 
the day of the final adjournment they shall adjourn 
at twelve o'clock noon. 

Sec. 15. Process of legislating. — No law shall be 
passed except by bill, and no bill shall be so altered 
or amended on its passage through either house as 
to change its original purpose. The enacting clause 
of all bills shall be: "Be it enacted by the legis- 
lature of the State of New Mexico." Any bill may 
originate in either house. No bill, except bills to 
provide for the public peace, health and safety, and 
the codification or revision of the laws, shall become 
a law unless it has been printed, and read three dif- 
ferent times in each house, not more than two of 
which readings shall be on the same day, and the 
third of which shall be in full. 

Sec. 16. Bills. — The subject of every bill shall 



256 Constitution of New Mexico [Art. IV 

be clearly expressed in its title, and no bill embracing 
more than one subject shall be passed except general 
appropriation bills and bills for the codification or 
revision of the laws; but if any subject is embraced 
in any act which is not expressed in its title, only so 
much of the act as is not so expressed shall be void. 
General appropriation bills shall embrace nothing 
but appropriations for the expense of the executive, 
legislative and judiciary departments, interest, sink- 
ing fund, payments on the public debt, public schools, 
and other expenses required by existing laws; but if 
an}^ such bill contain any other matter, only so much 
thereof as is hereby forbidden to be placed therein 
shall be void. All other appropriations shall be made 
by separate bills. 

Sec. 17. Vote on hills. — No bill shall be passed 
except by a vote of a majority of the members present 
in each house, nor unless on its final passage a vote 
be taken by yeas and nays, and entered on the 
journal. 

Sec. 18. Revision of laws. — No law shall be revised 
or amended, or the provisions thereof extended by 
reference to its title only; but each section thereof 
as revised, amended or extended shall be set out in 
full. 

Sec. 19. Limit on introduction of hills. — No bill for 
the appropriation of money, except for the current 
expenses of the government, and no bill for the in- 
crease of compensation of any officer, or for the cre- 
ation of any lucrative office, shall be introduced after 
the tenth day prior to the expiration of the session, 



Sec. 22] Legislative Depaetment 257 

as provided herein, except by unanimous consent of 
the house in which it is introduced. No bill shall be 
acted upon at any session unless introduced at that 
session. 

Sec. 20. Enrolling and engrossing of hills. — Im- 
mediately after the passage of any bill or resolution, 
it shall be enrolled and engrossed, and read publicly 
in full in each house, and thereupon shall be signed 
by the presiding officers of each house in open ses- 
sion, and the fact of such reading and signing shall 
be entered on the journal. No interlineation or eras- 
ure in a signed bill shall be effective, unless certified 
thereon in express terms by the presiding offcer of 
each house quoting the words interlined or erased, 
nor unless the fact of the making of such interlinea- 
tion or erasure be publicly announced in each house 
and entered on the journal. 

Sec. 21. Felonious handling of hills. — Any person 
who shall, without lawful authority, materially change 
or alter, or make away with, any bill pending in or 
passed by the legislature, shall be deemed guilty of 
a felony and upon conviction thereof shall be pun- 
ished by imprisonment in the penitentiary for not 
less than one year nor more than five years. 

Sec. 22. Governor's legislative duty. — Every bill 
passed by the legislature shall, before it becomes a 
law, be presented to the governor for approval. If 
he approve, he shall sign it, and deposit it with the 
secretary of state ; otherwise, he shall return it to the 
house in which it originated, with his objections, 
which shall be entered at large upon the journal; 



258 Constitution of New Mexico [Art. IV 

and such bill shall not become a law unless thereafter 
approved by two-thirds of the members present and 
voting in each house by yea and nay vote entered 
upon its journal. Any bill not returned by the gov- 
ernor within three days, Sundaj^s excepted, after being 
presented to him, shall become a law, whether signed 
by him or not, unless the legislature by adjournment 
prevent such return. Every bill presented to the gov- 
ernor during the last three days of the session shall 
be approved or disapproved by him within six days 
after the adjournment, and shall be by him immedi- 
ately deposited with the secretary of state. Unless so 
approved and signed by him such bill shall not be- 
come a law. The governor may in like manner ap- 
prove or disapprove any part or parts, item or items, 
of any bill appropriating money, and such parts or 
items approved shall become a law, and such as are 
disapproved shall be void, unless passed over his veto, 
as herein provided. 

Sec. 23. When laivs go into effect. — Laws shall go 
into effect ninety days after the adjournment of the 
legislature enacting them, except general appropria- 
tion laws, which shall go into effect immediately upon 
their passage and approval. Any act necessary for 
the preservation of the public peace, health or safety, 
shall take effect immediately upon its passage and 
approval, provided it be passed by two-thirds vote of 
each house and such necessity be stated in a separate 
section. 

Sec. 24. Restrictions on legislative power.— The 
legislature shall not pass local or special laws in any 



Sec. 24] Legislative Department 259 

of the following cases: Regulating county, precinct 
or district affairs ; the jurisdiction and duties of jus- 
tices of the peace, police magistrates and constables ; 
the practice in courts of justice ; the rate of interest 
on money; the punishment for crimes and misde- 
meanors; the assessment or collection of taxes or ex- 
tending the time of collection thereof; the summon- 
ing and impanelling of jurors; the management of 
public schools; the sale or mortgaging of real estate 
of minors or others under disability; the change of 
venue in civil or criminal cases. Nor in the follow- 
ing cases : Granting divorces ; laying out, opening, 
altering or working roads or highways, except as to 
state roads extending into more than one county, and 
military roads; vacating roads, town plats, streets, 
alleys or public grounds ; locating or changing county 
seats, or changing county lines, except in creating 
new counties ; incorporating cities, towns or villages 
or changing or amending the charter of any city, town 
or village; the opening or conducting of any election 
or designating the place of voting ; declaring any per- 
son of age ; chartering or licensing ferries, toll bridges, 
toll roads, banks, insurance companies, or loan and 
trust companies ; remitting fines, penalties, forfeit- 
ures or taxes ; or refunding money paid into the state 
treasury, or relinquishing, extending or extinguish-, 
ing, in whole or in part, any indebtedness or liability 
of any person or corporation, to the state or any 
municipality therein ; creating, increasing or decreas- 
ing fees, percentages or allowances of public officers; 
changing the laws of descent ; granting to any cor- 



260 Constitution of New Mexico [Art. IV 

poration, association or individual the right to lay 
down railroad tracks or any special or exclusive privi- 
lege, immunity or franchise, or amending existing 
charters for such purpose ; changing the rules of evi- 
dence in any trial or inquiry; the limitation of ac- 
tions; giving effect to any informal or invalid deed, 
will or other instrument; exempting property from 
taxation; restoring to citizenship any person con- 
victed of an infamous crime; the adoption or legiti- 
mizing of children; changing the name of persons or 
places; and the creation, extension or impairment of 
liens. In every other case where a general law can 
be made applicable, no special law shall be enacted. 

Sec. 25. Laws forbidden. — No law shall be enacted 
legalizing the unauthorized or invalid act of any 
officer, remitting any fine, penalty or judgment 
against any officer, or validating any illegal use of 
public funds. 

Sec. 26. Special concessions forbidden. — The leg- 
islature shall not grant to any corporation or person, 
any rights, franchises, privileges, immunities or ex- 
emptions which shall not, upon the same terms and 
under like conditions, inure equally to all persons or 
corporations; no exclusive right, franchise, privilege 
or immunity shall be granted by the legislature or any 
municipality in this state. 

Sec. 27. Extra compensation forbidden. — No law 
shall be enacted giving any extra compensation to any 
public officer, servant, agent or contractor after serv- 
ices are rendered or contract made ; nor shall the com- 
pensation of any officer be increased or diminished 



Ses. 31] Legislative Department 261 

during his term of office, except as otherwise provided 
in this constitution. 

Sec. 28. Ineligibility of members. — No member of 
the legislature shall, during the term for v^hich he 
was elected, be appointed to any civil office in the 
state, nor shall he within one year thereafter be ap- 
pointed to any civil office created, or the emoluments 
of which were increased during such term; nor shall 
any member of the legislature during the term for 
which he was elected nor within one year thereafter, 
be interested directly or indirectly in any contract 
with the state or any municipality thereof, which was 
authorized by any law passed during such term. 

Sec. 29. Laws authorizing indebtedness. — No law 
authorizing indebtedness shall be enacted which does 
not provide for levying a tax sufficient to pay the 
interest, and for the payment at maturity of the prin- 
cipal. 

Sec. 30. Authority to pay out money. — Except 
interest or other payments on the public debt, money 
shall be paid out of the treasury only upon appropria- 
tions made by the legislature. No money shall be paid 
therefrom except upon warrant drawn by the proper 
officer. Every law making an appropriation shall 
distinctly specify the sum appropriated and the object 
to which it is to be applied. 

Sec. 31. Appropriations to state controlled insti- 
tutions only; exceptions. — No appropriation shall be 
made for charitable, educational or other benevolent 
purposes to any person, corporation, association, insti- 
tution or community, not under the absolute control 



262 Constitution of New Mexico [Art. IV 

of the state, but the legislature may, in its discretion, 
make appropriations for the charitable institutions 
and hospitals, for the maintenance of which annual 
appropriations were made by the Legislative Assembly 
of nineteen hundred and nine. 

Sec. 32. Liabilities must he paid. — No obligation 
or liability of any person, association or corporation, 
held or owned by or owing to the state, or any munic- 
ipal corporation therein, shall ever be exchanged, 
transferred, remitted, released, postponed, or in any 
way diminished by the legislature, nor shall any such 
obligation or liability be extinguished except by the 
payment thereof into the proper treasury, or by 
proper proceeding in court. 

Sec. 33. Repeal of law does not exempt from pros- 
ecution. — No person shall be exempt from prosecution 
and punishment for any crime or offenses against any 
law of this state by reason of the subsequent repeal 
of such law. 

Sec. 34. Right of either party must not he 
changed. — No act of the legislature shall affect the 
right or remedy of either party, or change the rules 
of evidence or procedure, in any pending case. 

Sec. 35. Impeachment. — The sole power of im- 
peachment shall be vested in the house of representa- 
tives, and a concurrence of a majority of all the mem- 
bers elected shall be necessary to the proper exercise 
thereof. All impeachments shall be tried by the sen- 
ate. When sitting for that purpose the senators shall 
be under oath or affirmation to do justice according 
to the law and the evidence. When the governor or 



Sec. 39] Legislative Department 263 

lieutenant-governor is on trial, the chief justice of 
the supreme court shall preside. No person shall be 
convicted without the concurrence of two-thirds of 
the senators elected. 

Sec. 36. Who may he impeached. — All state officers 
and judges of the district court shall be liable to 
impeachment for crimes, misdemeanors and malfeas- 
ance in office, but judgment in such cases shall not 
extend further than removal from office and disqual- 
ification to hold any office of honor, trust or profit, or 
to vote under the laws of this state; but such officer 
or judge, w^hether convicted or acquitted, shall, never- 
theless, be liable to prosecution, trial, judgment, pun- 
ishment or civil action, according to law. No officer 
shall exercise any powers or duties of his office after 
notice of his impeachment is served upon him until 
he is acquitted. 

Sec. 37. Passes forhiddcn. — It shall not be lawful 
for a member of the legislature to use a pass, or to 
purchase or receive transportation over any railroad 
upon terms not open to the general public; and the 
violation of this section shall work a forfeiture of the 
office. 

Sec. 38. Trusts, etc. — The legislature shall enact 
laws to prevent trusts, monopolies and combinations 
in restraint of trade. 

Sec. 39. Bribery defined. — Any member of the 
legislature who shall vote or use his influence for or 
against any matter pending in either house in con- 
sideration of any money, thing of value, or promise 
thereof, shall be deemed guilty of bribery; and any 



264 Constitution of New Mexico [Art. IV 

member of the legislature or other person who shall 
directly or indirectly offer, give or promise any money, 
thing of value, privilege or personal advantage, to any 
member of the legislature to influence him to vote or 
work for or against any matter pending in either 
house ; or any member of the legislature who shall 
solicit from any person or corporation any money, 
thing of value or personal advantage for his vote or 
influence as such member shall be deemed guilty of 
solicitation of bribery. 

Sec. 40. Bribery; penalties for. — Any person con- 
victed of any of the offenses mentioned in sections 
thirty-seven and thirty-nine hereof, shall be deemed 
guilty of a felony and upon conviction shall be pun- 
ished by fine of not more than one thousand dollars 
or by imprisonment in the penitentiary for not less 
than one nor more than five years. 

Sec. 41. Testimony in bribery investigations. — 
Any person may be compelled to testify in any lawful 
investigation or judicial proceeding against another 
charged with bribery or solicitation of bribery as 
defined herein, and shall not be permitted to withhold 
his testimony on the ground that it might incriminate 
or subject him to public infamy; but such testimony 
shall not be used against him in any judicial pro- 
ceeding against him except for perjury in giving such 
testimony. 

APPORTIONMENT 

Until changed by law as hereinafter provided, the 
legislative districts of the state shall be constituted 
as follows: 



Apportionment 265 

Senatorial Districts 

First. The county of San Miguel, one senator. 

Second. The counties of San Miguel and Mora, one 
senator to be a resident of Mora county and to be 
elected by the electors of Mora and San Miguel coun- 
ties. 

Third. The counties of Guadalupe and San Miguel, 
one senator. 

Fourth. The county of Rio Arriba, one senator. 

Fifth. The counties of Bernalillo, San Juan and 
Sandoval, one senator. 

Sixth. The counties of Rio Arriba and Sandoval, 
one senator. 

Seventh. The county of Bernalillo, one senator. 

Eighth. The county of Colfax, one senator. 

Ninth. The counties of Union and Colfax, one sen- 
ator, to be a resident of Union County, and to be 
elected by the qualified electors of Union and Colfax 
counties. 

Tenth. The county of Santa Fe, one senator. 

Eleventh. The county of Taos, one senator. 

Twelfth. The county of Valencia, one senator. 

Thirteenth. The counties of Sierra, Grant, Luna 
and Socorro, one senator. 

Fourteenth. The county of Socorro, one senator. 

Fifteenth. The counties of Torrance, Otero, Lincoln 
and Socorro, one senator. 

Sixteenth. The county of Dona Ana, one senator. 

Seventeenth. The county of McKinley, one senator. 

Eighteenth. The counties of Otero and Lincoln, one 
senator. 



266 Constitution of New Mexico 

Nineteenth. The county of Chaves, one senator. 
Twentieth. The county of Eddy, one senator. 
Twenty-first. The county of Roosevelt, one senator. 
Twenty-second. The county of Quay, one senator. 
Twenty-third. The county of Curry, one senator. 
Twenty-fourth. The county of Grant, one senator. 

Representative Districts 

First. The county of Valencia, two members. 
Second. The county of Socorro, two members. 
Third. The county of Bernalillo, three members. 
Fourth. The county of Santa Fe, two members. 
Fifth. The county of Rio Arriba, two members. 
Sixth. The county of San Miguel, three members. 
Seventh. The county of Mora, two members. 
Eighth. The county of Colfax, two members. 
Ninth. The county of Taos, two members. 
Tenth. The county of Sandoval, one member. 
Eleventh. The county of Union, two members. 
Twelfth. The county of Torrance, one member. 
Thirteenth. The county of Guadalupe, one member. 
Fourteenth. The count}^ of McKinley, two members. 
Fifteenth. The county of Dona Ana, tw^o members. 
Sixteenth. The county of Lincoln, one member. 
Seventeenth. The county of Otero, one member. 
Eighteenth. The county of Chaves, three members. 
Nineteenth. The county of Eddy, two members. 
Twentieth. The county of Roosevelt, one member. 
Twenty-first. The county of Luna, one member. 
Twenty-second. The county of Grant, two members. 
Twenty-third. The county of Sierra, one member. 



Sec. 1] Executive Department 267 

Twenty-fourth. The county of San Juan, one mem- 
ber. 

Twenty-fifth. The county of Qua}^, two members. 

Twenty-sixth. The county of Curry, one member. 

Twenty-seventh. The counties of Rio Arriba and 
Sandoval, one member. 

Twenty-eighth. The counties of Torrance, Santa Fe 
and Guadahipe, one member. 

Twenty-ninth. The counties of San Miguel and 
Guadalupe, one member. 

Thirtieth. The counties of Lincoln, Otero and So- 
corro, one member. 

Upon the creation of any new county it shall be 
annexed to some contiguous district for legislative 
purposes. 

Reapportionment . — At its first session after the pub- 
lication of the census of the United States in the year 
nineteen hundred and twenty and at the first session 
after each United States census thereafter, the legis- 
lature may reapportion the legislative districts of the 
state upon the basis of population ; provided, that each 
county included in each district shall be contiguous to 
some other county therein. 

ARTICLE V — Executive Department 

Section 1. State officers. — The executive depart- 
ment shall consist of a governor, lieutenant-governor, 
secretary of state, state auditor, state treasurer, attor- 
ney-general, superintendent of public instruction and 
commissioner of public lands, who shall be elected for 



268 Constitution of New Mexico [Art. V 

the term of four years beginning on the first day of 
January next after their election. 

Such officers, except the commissioner of public 
lands and superintendent of public instruction, shall 
be ineligible to succeed themselves after serving one 
full term. The officers of the executive department, 
except the lieutenant-governor, shall, during their 
terms of office, reside and keep the public records, 
books, papers and seals of office at the seat of govern- 
ment. 

Sec. 2. Election returns. — The returns of every 
election for state officers shall be sealed up and trans- 
mitted to the secretary of state, who, with the gov- 
ernor and chief justice, shall constitute the state can- 
vassing board which shall canvass and declare the re- 
sult of the election. The person having the highest 
number of votes for any office, as shown by said re- 
turns, shall be declared duly elected. If two or more 
have an equal and the highest number of votes for 
the same office, one of them shall be chosen therefor 
by the legislature on joint ballot. 

Sec. 3. Who are eligible. — No person shall be 
eligible to any office specified in section one, hereof, 
unless he be a citizen of the United States, at least 
thirty years of age, nor unless he shall have resided 
continuously in New Mexico for five years next pre- 
ceding his election ; nor to the office of attorney-gen- 
eral, unless he be a licensed attorney of the supreme 
court of New Mexico in good standing ; nor to the 
office of superintendent of public instruction unless he 
be a trained and experienced educator. 



Sec. 7] Executive Department 269 

Sec. 4. The governor. — The supreme executive 
power of the state shall be vested in the governor, who 
shall take care that the laws be faithfully executed. 
He shall be commander-in-chief of the military forces 
of the state, except when they are called into the serv- 
ice of the United States. He shall have power to call 
out the militia to preserve the public peace, execute 
the laws, suppress insurrection and repel invasion. 

Sec, 5. Appointments and vacancies. — The gov- 
ernor shall nominate, and, by and with the consent of 
the senate, appoint all officers whose appointment or 
election is not otherwise provided for, and may remove 
any officer appointed by him for incompetency, neglect 
of duty or malfeasance in office. Should a vacancy 
occur in any state office, except lieutenant-governor 
and member of the legislature, the governor shall fill 
such office by appointment, and such appointee shall 
hold office until the next general election, when his 
successor shall be chosen for the unexpired term. 

Sec. 6. Reprieves and pardons. — Subject to such 
regulations as may be prescribed by law, the governor 
shall have power to grant reprieves and pardons, after 
conviction for all offenses except treason and in cases 
of impeachment. 

Sec. 7. Vacancy in office of governor. — In case of 
a vacancy in the office of governor, the lieutenant- 
governor shall succeed to that office, and to all the 
powers, duties and emoluments thereof. In case the 
governor is absent from the state, or is for any reason 
unable to perform his duties, the lieutenant-governor 
shall act as governor, with all the powers, duties and 



270 Constitution of New Mexico [Art. V 

emoluments of that office until such disability be re- 
moved. In case there is no lieutenant-governor, or in 
case he is for any reason unable to perform the duties 
of governor, then the secretary of state or, in case 
there is no secretary of state, or he is for any reason 
unable to perform the duties of governor, then the 
president pro tempore of the senate, shall succeed to 
the office of governor, or act as governor as herein- 
before provided. 

Sec. 8. Lieutenant-governor. — The lieutenant-gov- 
ernor shall be president of the senate, but shall vote 
only when the senate is equall}^ divided. 

Sec. 9, Duties of executive officers.^Ftach. officer 
of the executive department and of the public insti- 
tutions of the state shall keep an account of all moneys 
received by him and make reports thereof to the gov- 
ernor under oath, annuall}^, and at such other times 
as the governor may require, and shall, at least thirty 
days preceding each regular session of the legislature, 
make a full and complete report to the governor, who 
shall transmit the same to the legislature. 

Sec. 10. State seal. — There shall be a state seal 
which shall be called the ''Great Seal of the State of 
New Mexico," and shall be kept by the secretary of 
state. 

Sec. 11. Commissions. — All commissions shall issue 
in the name of the state, be signed b}^ the governor 
and attested by the secretary of state, Avho shall affix 
the state seal thereto. 

Sec. 12. Salaries. — The annual compensation to be 
paid to the officers mentioned in section one of this 



Sec. 1] Judicial Department 271 

rrticle shall be as follows: Governor, five thousand 
dollars; secretary of state, three thousand dollars; 
state auditor, three thousand dollars; state treasurer, 
three thousand dollars; attorney-general, four thou- 
sand dollars; superintendent of public instruction, 
three thousand dollars, and commissioner of public 
lands, three thousand dollars; which compensation 
shall be paid to the respective officers in equal quar- 
terly payments. 

The lieutenant-governor shall receive ten dollars per 
diem while acting as presiding officer of the senate, 
and mileage at the same rate as a state senator. 

The compensation herein fixed shall be full payment 
for all services rendered by said officers and they shall 
receive no other fees or compensation whatsoever. 

The compensation of any of said officers may be 
increased or decreased by law after the expiration of 
ten years from the date of the admission of New Mex- 
ico as a state. 

Sec. 13. Residence required. — All district, county, 
precinct and municipal officers, shall be residents of 
the political subdivisions for which they are elected or 
appointed. 

ARTICLE VI— Judicial Department 

Section 1. Judicial power. — The judicial power of 
the state shall be vested in the senate when sitting as 
a court of impeachment, a supreme court, district 
courts, probate courts, justices of the peace, and such 
courts inferior to the district courts as may be estab- 



272 Constitution of New Mexico [Art. VI 

lished by law from time to time in any county or 
municipality of the state, including juvenile courts. 

Sec. 2. Appellate jurisdiction; supreme court. — 
The appellate jurisdiction of the supreme court shall 
be coextensive with the state, and shall extend to all 
final judgments and decisions of the district courts, 
and said court shall have such appellate jurisdiction 
of interlocutory orders and decisions of the district 
courts as may be conferred by law. 

Sec. 3. Original jurisdiction; supreme court. — The 
supreme court shall have original jurisdiction in quo 
warranto and mandamus against all state officers, 
boards and commissions, and shall have a superintend- 
ing control over all inferior courts; it shall also have 
power to issue writs of mandamus, error, prohibition, 
habeas corpus, certiorari, injunction and all other 
writs necessary or proper for the complete exercise 
of its jurisdiction and to hear and determine the same. 
Such writs may be issued by direction of the court, or 
by any justice thereof. Each justice shall have power 
to issue writs of habeas corpus upon petition by or on 
behalf of a person held in actual custody, and to make 
such writs returnable before himself or before the 
supreme court, or before any of the district courts or 
any judge thereof. 

Sec. 4. Number of supreme court judges and chief 
justice. — The supreme court of the state shall consist 
of three justices, who shall be elected at the general 
election for representatives in congress for a term of 
eight years. 

At the first election for state officers after the adop- 



Sec. 7] Judicial Department 273 

tioii of this constitution, there shall be elected three 
justices of the supreme court, who shall immediately 
qualify and classify themselves by lot, so that one of 
them shall hold office until four years, one until six 
years, and one until eight years, from and after the 
first day of January, nineteen hundred and thirteen. 
A certificate of such classification shall be filed in the 
office of the secretary of state. Until other^7ise pro- 
vided by law, the justice who has the shortest term to 
serve shall be the chief justice and shall preside at all 
sessions of the court ; and in his absence the justice 
who has the next shortest term to serve shall preside ; 
but no justice appointed or elected to fill a vacancy 
shall be chief justice. 

Sec. 5. Quorum. — A majority of the justices of 
the supreme court shall be necessary to constitute a 
quorum for the transaction of business, and a majority 
of the justices must concur in any judgment of the 
court. 

Sec. 6. When a district judge may act as supreme 
court judge. — When a justice of the supreme court 
shall be interested in any case, or be absent, or incapac- 
itated, the remaining justices of the court may, in 
their discretion, call in any district judge of the state 
to act as a justice of the court. 

Sec. 7. Supreme court; when in session. — The 
supreme court shall hold one term each year, com- 
mencing on the second Wednesday in January, and 
shall be at all times in session at the seat of govern- 
ment ; provided, that the court may, from time to time, 
take such recess as in its judgment may be proper. 



274 Constitution of New Mexico [Art. Vi 

See. 8. Supreme court; ivho are eligible. — No per- 
son shall be qualified to hold the office of justice of 
the supreme court unless he be at least thirty years 
old, learned in the law, and shall have been in the 
actual practice of law and resided in this state or the 
Territory of New Mexico, for at least three years. Any 
person whose time of service upon the bench of any 
district court of this state or the Territory of New 
Mexico, added to the time he may have practiced law, 
as aforesaid, shall be equal to three years, shall be 
qualified without having practiced for the full three 
years. 

Sec. 9. Supreme court; executive power. — The 
supreme court may appoint and remove at pleasure 
its reporter, bailiff, clerk and such other officers and 
assistants as may be prescribed by law. 

Sec. 10. Supreme court; when the number may be 
increased. — After the publication of the census of the 
United States in the year nineteen hundred and 
twenty, the legislature shall have power to increase 
the number of justices of the supreme court to five; 
provided, however, that no more than two of said 
justices shall be elected at one time, except to fill a 
vacancy. 

Sec. 11. Supreme court; salary. — The justices of 
the supreme court shall each receive an annual salary 
of six thousand dollars, payable quarterly. 

Sec. 12. Eight judicial districts. — The state shall 
be divided into eight judicial districts, and a judge 
shall be chosen for each district by the qualified elect- 
ors thereof at the election for representatives in con- 



Sec. 15] Judicial Department 275 

gress. The terms of office of the district judges shall 
be six years. 

Sec. 13. Appellate and original jurisdiction of dis- 
trict coin^t. — The district court shall have original 
jurisdiction in all matters and causes not excepted in 
this constitution, and such jurisdiction of special cases 
and proceedings as may be conferred by law, and 
appellate jurisdiction of all cases originating in 
inferior courts and tribunals in their respective dis- 
tricts, and supervisory control over the same. The 
district courts, or any judge thereof, shall have power 
to issue writs of habeas corpus, mandamus, injunction, 
quo warranto, certiorari, prohibition, and all other 
writs, remedial or otherwise in the exercise of their 
jurisdiction ; provided, that no such Avrits shall issue 
directed to judges or courts of equal or superior juris- 
diction. The district courts shall also have the power 
of naturalization in accordance with the laws of the 
United States. Until otherwise provided by law, at 
least two terms of the district court shall be held an- 
nually in each county, at the county seat. 

Sec. 14. Qualifications of district judges. — The 
qualifications of the district judges shall be the same 
as those of justices of the supreme court. Each dis- 
trict judge shall reside in the district for which he 
was elected. 

Sec. 15. To meet unusual situations. — Any district 
judge may hold district court in any county at the 
request of the judge of such district. 

AVhenever the public business may require, the chief 
justice of the supreme court shall designate any dis- 



276 Constitution of New Mexico [Art. VI 

trict judge of the state to hold court in any district, 
and two or more district judges may sit in any district 
or county separately at the same time. If any judge 
shall be disqualified from hearing any cause in the 
district, the parties to such cause, or their attorneys 
of record, may select some member of the bar to hear 
and determine said cause, and act as judge pro tem- 
pore therein. 

Sec. 16. Increase number of judges and districts. 
— The legislature may increase the number of district 
judges in any judicial district, and they shall be 
elected as other district judges. At its first session 
after the publication of the census of the United States 
in the year nineteen hundred and twenty, and at the 
first session after each United States census thereafter, 
the legislature may rearrange the districts of the state, 
increase the number thereof, and make provision for 
a district judge for any additional district. 

Sec. 17. Salary. — Each judge of the district court 
shall receive an annual salary of four thousand five 
hundred dollars, payable quarterly by the state. 

Sec. 18. When judge may not act. — No judge of 
any court nor justice of the peace shall, except by con- 
sent of all parties, sit in the trial of any cause in 
which either of the parties shall be related to him by 
affinity or consanguinity within the degree of first 
cousin, or in which he was counsel or in the ti:ial of 
which he presided in any inferior court, or in which 
he has an interest. 

Sec. 19. Prohibition of candidacy. — No judge of 
the supreme or district courts shall be nominated or 



Sec. 23] Judicial Department 277 

elected to any other than a judicial office in this state. 

Sec. 20. Writs and processes. — All writs and proc- 
esses shall issue, and all prosecution shall be conducted 
in the name of "The State of New Mexico." 

Sec. 21. Conservators of the Peace. — Justices of 
the supreme court in the state, district judges in their 
respective districts and justices of the peace in their 
respective counties, shall be conservators of the peace. 
District judges and justices of the peace may hold 
preliminary examinations in criminal cases. 

Sec. 22. County clerk to he clerk of the court. — 
Until otherwise provided by law, a county clerk shall 
be elected in each county who shall, in the county for 
which he is elected, perform all the duties now per- 
formed by the clerks of the district courts and clerks 
of the probate courts. 

Sec. 23. Prohate court. — A probate court is 
hereby established for each county, which shall be 
a court of record, and, until otherwise provided by 
law, shall have the same jurisdiction as is now exer- 
cised by the probate courts of the Territory of New 
Mexico. The legislature shall have power from time 
to time to confer upon the probate court in any county 
in this state, general civil jurisdiction coextensive 
with the county ; provided, however, that such court 
shall not have jurisdiction in civil causes in which 
the matter in controversy shall exceed in value one 
thousand dollars, exclusive of interest ; nor in any 
action for malicious prosecution, divorce and ali- 
mony, slander and libel; nor in any action against 
officers for misconduct in office; nor in any action 



278 Constitution of New Mexico [Art. VI | 

for the specific performance of contracts for the sale ; 
of real estate ; nor in any action for the possession 
of land ; nor in any matter wherein the title or bound- 
aries of land may be in dispute or drawn in question ; 
nor to grant writs of injunction, habeas corpus or 
extraordinary writs. Jurisdiction may be conferred 
upon the judges of said court to act as examining and 
committing magistrates in criminal cases, and upon 
said courts for the trial of misdemeanors in which 
the punishment cannot be imprisonment in the peni- 
tentiary, or in which the fine cannot be in excess of 
one thousand dollars. A jury for the trial of such 
cases shall consist of six men. 

Any civil or criminal case pending in the probate 
court, in which the probate judge is disqualified, shall 
be transferred to the district court of the same county 
for trial. 

Sec. 24. District attorney. — There shall be a dis- 
trict attorney for each judicial district, who shall be 
learned in the law, and who shall have been a resi- 
dent of New Mexico for three years next prior to his 
election, shall be the law officer of the state and of 
the counties within his district, shall be elected for a 
term of four years, and shall perform such duties and 
receive such salary as may be prescribed by law. 

The legislature shall have the power to provide for 
the election of additional district attorneys in any 
judicial district and to designate the counties therein 
for which the district attorneys shall serve; but no 
district attorney shall be elected for any district of 
which he is not a resident. 



Sec, 27] Judicial Department 279 

Sec. 25. Judicial districts. — The state shall be 
divided into eight judicial districts, as follows: 

First District. The counties of Santa Fe, Rio Arriba 
and San Juan. 

Second District. The counties of Bernalillo, McKin- 
ley and Sandoval. 

Third District. The counties of Dona Ana, Otero, 
Lincoln and Torrance. 

Fourth District. The counties of San Miguel, Mora 
and Guadalupe. 

Fifth District. The counties of Eddy, Chaves, 
Roosevelt and Curry. 

Sixth District. The counties of Grant and Luna. 

Seventh District. The counties of Socorro, Valencia 
and Sierra. 

Eighth District. The counties of Taos, Colfax, 
Union and Quay. 

In case of the creation of new counties the legis- 
lature shall have power to attach them to any con- 
tiguous district for judicial purposes. 

Sec. 26. Jurisdiction of justices of the peace, etc. 
— Justices of the peace, police magistrates and con- 
stables shall be elected in and for such precincts or 
districts as are or may be provided by law. Such 
justices and police magistrates shall not have juris- 
diction in any matter in which the title to real estate 
or the boundaries of land may be in dispute or drawn 
in question or in which the debt or sum claimed shall 
be in excess of two hundred dollars exclusive of 
interest. 

Sec. 27. Appeals to district courts. — Appeals shall 



280 Constitution of New Mexico [Art. VII 

be allowed in all cases from the final judgments and 
decisions of the probate courts and justices of the 
peace to the district courts, and in all such appeals 
trial shall be had de novo unless otherwise provided 
by law. 

ARTICLE VII— Elective Franchise 

Section 1. Who may vote. — Every male citizen of 
the United States, who is over the age of twenty-one 
years, and has resided in New Mexico twelve months, 
in the county ninety days, and in the precinct in 
which he offers to vote thirty days, next preceding 
the election, except idiots, insane persons, persons 
convicted of a felonious or infamous crime unless 
restored to political rights, and Indians not taxed, 
shall be qualified to vote at all elections for public 
officers. All school elections shall be held at different 
times from other elections. Women possessing the 
qualifications prescribed in this section for male elect- 
ors shall be qualified electors at all such school elec- 
tions; provided, that if a majority of the qualified 
voters of any school district shall, not less than thirty 
days before any school election, present a petition to 
the board of county commissioners against women 
suffrage in such district, the provisions of this section 
relating to woman suffrage shall be suspended therein, 
and such provision shall become again operative only 
upon the filing with said board of a petition signed 
by a majority of the qualified voters favoring the 
restoration thereof. The board of county commis- 



Sec. 3] Elective Franchise 281 

sioners shall certify the suspension or restoration of 
such suffrage to the proper school district. 

The legislature shall have the power to require the 
registration of the qualified electors as a requisite for 
voting, and shall regulate the manner, time and places 
of voting. The legislature shall enact such laws as 
will secure the secrecy of the ballot, the purity of 
elections and guard against the abuse of elective fran- 
chise. Not more than two members of the board of 
registration and not more than two judges of election 
shall belong to the same political party at the time 
of their appointment. 

Sec. 2. Who may hold office. — Every male citizen 
of the United States who is a legal resident of the state 
and is a qualified elector therein, shall be qualified 
to hold any public office in the state, except as other- 
wise provided in this constitution ; provided, however, 
that women possessing the qualifications of male elect- 
ors prescribed in paragraph one of this article shall be 
qualified to hold the office of county school superin- 
tendent, and shall also be eligible for election to the 
office of school director or members of a board of edu- 
cation. 

Sec. 3. No restriction on voters. — The right of any 
citizen of the state to vote, hold office, or sit upon 
juries, shall never be restricted, abridged or impaired 
on account of religion, race, language or color, or 
inability to speak, read or w^ite the English or Span- 
ish languages except as may be otherwise provided in 
this constitution; and the provisions of this section 
and of section one of this article shall never be 



282 Constitution of New Mexico [Art. VIII 

amended except upon a vote of the people of this 
state in an election at which at least three-fourths of 
the electors voting in the whole state, and at least 
two-thirds of those voting in each county of the state, 
shall vote for such amendment. 

Sec. 4. Residence. — No person shall be deemed to 
have acquired or lost residence by reason of his pres- 
ence or absence while employed in the service of the 
United States or of the state, nor while a student at 
any school. 

Sec. 5. Election by plurality. — All elections shall 
be by ballot, and the person who receives the highest 
number of votes for any office shall be declared elected 
thereto. 

ARTICLE VIII— Taxation and Revenue 

Section 1. Uniform Taxation. — The rate of taxa- 
tion shall be equal and uniform upon all subjects of 
taxation. 

Sec. 2. Kind of taxes. — The legislature shall have 
power to provide for the levy and collection of license, 
franchise, excise, income, collateral and direct-inher- 
itance, legacy and succession taxes; also graduated 
income taxes, graduated collateral and direct-inherit- 
ance taxes, graduated legacy and succession taxes, and 
other specific taxes, including taxes upon the produc- 
tion and output of mines, oil lands and forests ; but no 
double taxation shall be permitted. 

Sec. 3. Complete power of taxation. — The enumer- 
ation of subjects of taxation in section two of this 



Sec. 7] Taxation and Revenue 283 

article shall not deprive the legislature of the power 
to require other subjects to be taxed in such manner 
as may be consistent with the principles of taxation 
fixed in this constitution. 

Sec. 4. Tax limitation. — There shall be levied an- 
nually for state revenue a tax not to exceed four mills 
on each dollar of the assessed valuation of the prop- 
erty in the state, except for the support of the educa- 
tional, penal and charitable institutions of the state, 
payment of the state debt and interest thereon. For 
the first two years after this constitution goes into 
effect the total annual tax levy for all state purposes 
exclusive of necessary levies for the state debt shall 
not exceed twelve mills ; and thereafter it shall not 
exceed ten mills. 

Sec. 5. Board of equalization. — A state board of 
equalization is hereby created w-hich shall consist of 
the governor, traveling auditor, state auditor, secre- 
tary of state and attorney-general. Until otherwise 
provided, said board shall have and exercise all the 
powers now vested in the territorial board of equaliza- 
tion. 

Sec. 6. Taxes must he paid. — The legislature shall 
have no power to release or discharge any county, 
city, town, school district or other municipal corpora- 
tion or subdivision of the state, from its proportionate 
share of taxes levied for any purpose. 

Sec. 7. Public property exempt from taxation. — 
The property of the United States, the state and all 
counties, towns, cities and school districts, and other 
municipal corporations, public libraries, community 



284 Constitution of New Mexico [Art. VIII 

ditches and all laterals thereof, all church property, 
all property used for educational or charitable pur- 
poses, all cemeteries not used or held for private or 
corporate profit, and all bonds of the State of New 
Mexico, and of the counties, municipalities and dis- 
tricts thereof shall be exempt from taxation. 

Sec. 8. When and what property may he exempt 
from taxation. — The power to license and tax corpo- 
rations and corporate property shall not be relin- 
quished or suspended by the state or any subdivision 
thereof; provided, that the legislature may, by gen- 
eral law, exempt new railroads from taxation for not 
more than six years, from and after the completion 
of any such railroad and branches ; such railroad 
being deemed to be completed for the purpose of 
taxation, as to any operative division thereof, when 
the same is opened for business to the public ; and 
new sugar factories, smelters, reduction and refining 
works, and pumping plants for irrigation purposes, 
and irrigation w^orks, for not more than six years from 
and after their establishment. 

Sec. 9. By ivhom puhlic-service corporations shall 
he taxed. — All property within the territorial limits 
of the authority levying the tax, and subject to taxa- 
tion, shall be taxed therein for state, county, munic- 
ipal and other purposes; provided, that the state 
board of equalization shall determine the value of all 
property of railroad, express, sleeping-car, telegraph, 
or telephone and other transportation or transmission 
companies, used by such companies in the operation 
of their railroad, express, sleeping-car, telegraph, or 



Sec. 13] Taxation and Revenue 285 

telephone lines, or other transportation or transmis- 
sion lines, and shall certify the value thereof as 
so determined to the county and municipal taxing 
authorities. 

Sec. 10. Profit in public money forhidden. — Any 
public officer making any profit out of public moneys, 
or using the same for any purpose not authorized by 
law, shall be deemed guilty of a felony and shall be 
punished as provided by law, and shall be disqualified 
to hold public office. All public moneys not invested 
in interest bearing securities shall be deposited in 
national banks in this state or in banks or trust com- 
panies incorporated under the laws of the state, and 
the interest derived therefrom shall be applied in the 
manner prescribed by law. 

Sec. 11. Tivo hundred dollars exemption to heads 
of families. — The legislature may exempt from taxa- 
tion property of each head of. a family to the amount 
of two hundred dollars. 

Sec. 12. Taxation of large tracts. — Lands held in 
large tracts shall not be assessed for taxation at any 
lower value per acre than lands of the same character 
or quality and similarly situated, held in smaller 
tracts. The plowing of land shall not be considered 
as adding value thereto for the purpose of taxation. 

Sec. 13. No personal liahility. — No execution shall 
issue upon any judgment rendered against the board 
of county commissioners of any county, or against 
any city, incorporated town or village, school district 
or board of education ; or against any officer of any 
county, city, school district or board of education, 



286 Constitution of New Mexico [Art. IX 

upon any judgment recovered against liim in his 
official capacity and for which the county, city, incor- 
porated town or village, school district or board of 
education, is liable, but the same shall be paid out of 
the proceeds of a tax levy as other liabilities of coun- 
ties, cities, incorporated towns or villages, school dis- 
tricts or boards of education, and when so collected 
shall be paid by the county treasurer to the judgment 
creditor. 



ARTICLE IX— State, County and Municipal 
Indebtedness 

Section 1. Assumption of territorial and county 
indebtedness. — The state hereby assumes the debts 
and liabilities of the Territory of New Mexico, and 
the debts of the counties thereof, which were valid 
and subsisting on June twentieth, nineteen hundred 
and ten, and pledges its faith and credit for the pay- 
ment thereof. The legislature shall, at its first ses- 
sion, provide for the pa^^ment or refunding thereof 
by the issue and sale of bonds, or otherwise. 

Sec. 2. Bonds of Grant and Santa Fe counties. — 
No county shall be required to pay any portion of the 
debt of any other county so assumed by the state, and 
the bonds of Grant and Santa Fe counties which were 
validated, approved and confirmed by act of congress 
of January sixteenth, eighteen hundred and ninety- 
seven, shall be paid as hereinafter provided. 

Sec. 3. Bonds in series. — The bonds authorized by 



Sec. 4] Public Indebtedness 287 

law to provide for the payment of such indebtedness 
shall be issued in three series, as follows : 

Series A. To provide for the payment of such debts 
and liabilities of the Territory of New Mexico. 

Series B. To provide for the payment of such debts 
of said counties. 

Series C. To provide for the payment of the bonds 
and accrued interest thereon of Grant and Santa Fe 
counties which were validated, approved and con- 
firmed by act of congress, January sixteenth, eighteen 
hundred and ninety-seven. 

Sec. 4. Lands given hy congress to pay debts of 
Santa Fe and Grant counties. — The proper officers of 
the state shall, as soon as practicable, select and locate 
the one million acres of land granted to the state by 
congress for the payment of the said bonds of Grant 
and Santa Fe counties, and sell the same or sufficient 
thereof to pay the interest and principal of the bonds 
of Series C issued as provided in section three hereof. 
The proceeds of rentals and sales of said land shall be 
kept in a separate fund and applied to the payment 
of the interest and principal of the bonds of Series C. 
Whenever there is not sufficient money in said fund 
to meet the interest and sinking fund requirements 
therefor, the deficiency shall be paid out of any funds 
of the state not otherwise appropriated, and shall be 
repaid to the state or to the several counties which 
may have furnished any portion thereof under a gen- 
eral levy, out of the proceeds subsequently received 
of rentals and sales of said lands. 

Any money received by the state from rentals and 



288 Constitution of New Mexico [Art. IX 

sales of said lands in excess of the amounts required 
for the purposes above mentioned shall be paid into 
the current and permanent school funds of the state 
respectively. 

Sec. 5. Obligation of county not to he released. — 
The legislature shall never enact any law releasing 
any county, or any of the taxable property therein, 
from its obligation to pay to the state any moneys 
expended by the state by reason of its assumption or 
payment of the debt of such county. 

Sec. 6. Repudiating certain warrants. — No law 
shall ever be passed by the legislature validating 
or legalizing, directly or indirectly, the militia war- 
rants alleged to be outstanding against the Territory 
of New Mexico, or any portion thereof; and no such 
warrant shall be prima facie or conclusive evidence 
of the validity of the debt purporting to be evidenced 
thereby or by any other militia warrant. This pro- 
vision shall not be construed as authorizing any suit 
against the state. 

Sec. 7. State may borrow money. — The state may 
borrow money not exceeding the sum of two hundred 
thousand dollars in the aggregate to meet casual 
deficits or failure in revenue, or for necessary ex- 
penses. The state may also contract debts to suppress 
insurrection and to provide for the public defense. 

Sec. 8. Manner of creating debt. — No debt other 
than those specified in the preceding section shall be 
contracted by or on behalf of this state, unless author- 
ized by law for some specified work or object ; which 
law shall provide for an annual tax levy sufficient to 



Sec. 10] Public Indebtedness 289 

pay the interest and to provide a sinking fund to pay 
the principal of such debt within fifty years from 
the time of the contracting thereof. No such law shall 
take effect until it shall have been submitted to the 
qualified electors of the state and have received a 
majority of all the votes cast thereon at a general elec- 
tion; such law shall be published in full in at least 
one newspaper in each county of the state, if one be 
published therein, once a week, for four successive 
weeks next preceding such election. No debt shall 
be so created if the total indebtedness of the state, 
exclusive of the debts of the territory, and the several 
counties thereof, assumed by the state, would thereby 
be made to exceed one per centum of the assessed 
valuation of all the property subject to taxation in the 
state as shown by the preceding general assessment. 

Sec. 9. Borrowed money ; how applied. — Any 
money borrowed by the state, or any county, dis- 
trict, or municipality thereof, shall be applied to the 
purpose for which it was obtained, or to repay such 
loan, and to no other purpose whatever. 

Sec. 10. Counties may borrow money; when. — 
No county shall borrow money except for the pur- 
pose of erecting necessary public buildings or con- 
structing or repairing public roads and bridges, and 
in such cases only after the proposition to create such 
debt shall have been submitted to the qualified electors 
of the county who paid a property tax therein during 
the preceding year and approved by a majority of 
those voting thereon. No bonds issued for such pur- 
pose shall run for more than fifty years. 



290 Constitution of New Mexico [Art. IX 

Sec. 11. ScJiool districts may borrow money.— 
No school district shall borrow money, except for 
the purpose of erecting and furnishing school build- 
ings or purchasing school grounds, and in such cases 
only when the proposition to create the debt shall 
have been submitted to the qualified electors of the 
district, and approved by a majority of those voting 
thereon. No school district shall ever become indebted 
in an amount exceeding six per centum on the assessed 
valuation of the taxable property within such school 
district, as shown by the preceding general assess- 
ment. 

Sec. 12. Cities and towns may borrow money. — 
No city, town or village shall contract any debt except 
by an ordinance, which shall be irrepealable until the 
indebtedness therein provided for shall have been 
fully paid or discharged, and which shall specify the 
purposes to which the funds to be raised shall be 
applied, and which shall provide for the levy of a 
tax, not exceeding twelve mills on the dollar upon all 
taxable property within such city, town or village, 
sufficient to pay the interest on, and to extinguish 
the principal of, such debt within fifty years. The 
proceeds of such tax shall be applied only to the pay- 
ment of such interest and principal. No such debt 
shall be created unless the question of incurring the 
same shall, at a regular election for councilmen, alder- 
men or other officers of such city, town or village, have 
been submitted to a vote of such qualified electors 
thereof as have paid a property tax therein during 
the preceding year, and a majority of those voting on 



Sec. 15] Public Indebtedness 291 

the question, by ballot deposited in a separate ballot 
box, shall have voted in favor of creating such debt. 

Sec. 13. Limitation of indehtedness. — No county, 
city, town or village shall ever become indebted to an 
amount in the aggregate, including existing indebted- 
ness, exceeding four per centum on the value of the 
taxable property within such county, city, town or 
village, as shown by the last preceding assessment for 
state or county taxes; and all bonds cr obligations 
issued in excess of such amount shall be void; pro- 
vided, that any city, town or village may contract 
debts in excess of such limitation for the construction 
or purchase of a system for supplying water, or of a 
sewer system, for such city, town or village. 

Sec. 14. Restriction on use of cre'dit. — Neither the 
state, nor any county, school district, or municipality, 
except as otherwise provided in this constitution, shall 
directly or indirectly lend or pledge its credit, or make 
any donation to or in aid of any person, association or 
public or private corporation, or in aid of any private 
enterprise for the construction of any railroad; pro- 
vided, nothing herein shall be construed to prohibit 
the state or any county or municipality from making 
provision for the care and maintenance of sick and 
indigent persons. 

Sec. 15. Refunding of debts. — Nothing in this arti- 
cle shall be construed to prohibit the issue of bonds 
for the purpose of paying or refunding any valid 
state, county, district or municipal bonds, and it shall 
not be necessary to submit the question of the issue of 
such bonds to a vote as herein provided. 



292 Constitution of New Mexico [Art. X 

ARTICLE X — County and Municipal Corporations 

Section 1. Salaries and fees. — The legislature shall 
at its first session classify the counties and fix salaries 
for all county officers, which shall also apply to those 
elected at the first election under this constitution. 
And no county officer shall receive to his own use any 
fees or emoluments other than the annual salary 
provided by law, and all fees earned by any officer 
shall be by him collected and paid into the treasury of 
the county. 

Sec. 2. Length of term. — All county officers shall 
be elected for a term of four years, and no county 
officer, except the county clerk and probate judge, 
shall, after having served one full term, be eligible to 
hold any county office for four years thereafter. 

Sec. 3. County seats may he removed. — No county 
seat, w^here there are county buildings, shall be re- 
moved unless three-fifths of the votes cast by qualified 
electors on the question of removal at an election 
called and held as now or hereafter provided by law, 
be in favor of such removal. The proposition of re- 
moval shall not be submitted in the same county 
oftener than once in eight years. 



ARTICLE XI— Corporations Other Than 
Municipal 

Section 1. Corporation commission. — A permanent 
commission to consist of three members is hereby 



Sec. 4] State Corporations 293 

created, which shall be known as the "State Cori)0- 
ration Commission. ' ' 

Sec. 2. Term of office. — The members of the com- 
mission shall be elected for the term of six years; 
provided, that those chosen at the first election for 
state officers shall immediately qnalify and classify 
themselves by lot, so that one of them shall hold office 
until two years, one until four years and one until 
six years from and after January first, nineteen hun- 
dred and thirteen ; and thereafter one commissioner 
shall be elected at each general election. 

Sec. 3. Wlio excludecl from memhership of com- 
mission. — No officer, agent or employe of any railway, 
express, telegraph, telephone, sleeping-car, or other 
transportation or transmission company, w^hile repre- 
senting such company, nor any person financially in- 
terested therein, shall hold office as a member of the 
commission, or perform any of the duties thereof, and 
no commissioner shall be qualified to act upon any 
matter pending before the commission, in .which he is 
interested, either as principal, agent or attorney. 

Sec. 4. Officers of commission. — The commission 
shall annually elect one of its members chairman and 
shall have one clerk, and such other officers, assistants 
and subordinates as may be prescribed by law, all of 
whom shall be appointed and subject to removal by 
the commission. The commission shall prescribe its 
own rules of order and procedure, except so far as 
specified in this constitution. The attorney-general 
of the state, or his legally authorized representative, 
shall be the attorney for the commission. 



294 Constitution of New Mexico [Art. XI 

Sec. 5. Salary and expenses. — The legislature shall 
provide suitable quarters for the commission, and 
funds for its lawful expenses, including necessary 
traveling expenses, witness fees and mileage and costs 
of executing process issued by the commission or the 
supreme court or the district courts. The salary of 
each commissioner shall be three thousand dollars per 
annum, payable quarterly. 

Sec. 6. Duties. — Subject to the provisions of this 
constitution, and of such requirements, rules and reg- 
ulations as may be prescribed by law, the state cor- 
poration commission shall be the department of gov- 
ernment through which shall be issued all charters 
for domestic corporations and amendments or exten- 
sions thereof, and all licenses to foreign corporations 
to do business in this state; and through which shall 
be carried out all the provisions of this constitution 
relating to corporations and the laws made in pursu- 
ance thereof. The commission shall prescribe the 
form of all reports which may be required of corpo- 
rations by this constitution or by law, and shall col- 
lect, receive and preserve such reports, and annually 
tabulate and publish them. All fees required by law 
to be paid for the filing of articles of incorporation, 
reports and other documents, shall be collected by 
the commission and paid into the state treasury. All 
charters, papers and documents relating to corpora- 
tions on file in the office of the secretary of the terri- 
tory, the commissioner of insurance and all other ter- 
ritorial offices, shall be transferred to the office of the 
commission. 



Sec. 7] State Corporations 295 

Sec. 7. Powers. — The commission shall have power 
and be charged with the duty of fixing, determining, 
supervising, regulating and controlling all charges 
and rates of railway, express, telegraph, telephone, 
sleeping-car and other transportation and transmis- 
sion companies and common carriers within the state ; 
to require railway companies to provide and maintain 
adequate depots, stock-pens, station buildings, agents 
and facilities for the accommodation of passengers 
and for receiving and delivering freight and express; 
and to provide and maintain necessary crossings, cul- 
verts and sidings upon, and alongside of their road- 
beds, whenever in the judgment of the commission 
the public interests demand, and as may be reason- 
able and just. The commission shall also have power 
and be charged with the duty to make and enforce 
reasonable and just rules requiring the supplying of 
cars and equipment for the use of shippers and pas- 
sengers, and to require all intrastate railways, trans- 
portation companies or common carriers to provide 
such reasonable safety appliances in connection with 
all equipment as may be necessary and proper for 
the safety of its employes and the public, and as are 
now or may be required by the federal laws, rules 
and regulations governing interstate commerce. The 
commission shall have power to change or alter such 
rates, to change, alter or amend its orders, rules, regu- 
lations or determinations, and to enforce the same in 
the manner prescribed herein ; provided, that in the 
matter of fixing rates of telephone and telegraph com- 
panies, due consideration shall be given to the earn- 



296 Constitution of New Mexico [Art. XI 

ings, investment and expenditure as a whole within 
the state. The commission shall have power to sub- 
p(]ena witnesses and enforce their attendance before 
the commission, through any district court or the 
supreme court of the state, and through such court 
to punish for contempt ; and it shall have power, upon 
a hearing, to determine and decide any question given 
to it herein, and in case of failure or refusal of any 
person, company or corporation to comply with any 
order within the time limit therein, unless an order 
of removal shall have been taken from such order 
by the company or corporation to the supreme court 
of this state, it shall immediately become the duty of 
the commission to remove such order, with the evi- 
dence adduced upon the hearing, with the documents 
in the case to the supreme court of this state. Any 
company, corporation or common carrier which does 
not comply with the order of the commission within 
the time limited therefor, may file with the commis- 
sion a petition to remove such cause to the supreme 
court, and in the event of such removal by the com- 
pany, corporation or common carrier, or other party 
to such hearing, the supreme court may, upon appli- 
cation, in its discretion, or of its own motion, require 
or authorize additional evidence to be taken in such 
cause ; but in the event of removal by the commission, 
upon failure of the company, corporation or common 
carrier, no additional evidence shall be allowed. The 
supreme court, for the consideration of such causes 
arising hereunder, shall be in session at all times, 
and shall give precedence to such causes. Any party 



See. 9] State Corporations 297 

to such hearing before the commission shall have the 
same right to remove the order entered therein to 
the supreme court of the state, as given under the pro- 
visions hereof to the company or corporation against 
which such order is directed. 

In addition to the other powers vested in the 
supreme court by this constitution and the laws of 
the state, the said court shall have the power and it 
shall be its duty to decide such cases on their merits, 
and carry into effect its judgments, orders and de- 
crees made in such cases, by fine, forfeiture, manda- 
mus, injunction and contempt or other appropriate 
proceedings. 

Sec. 8. Public hearing. — The commission shall de- 
termine no question nor issue any order in relation to 
the matters specified in the preceding section, until 
after a public hearing held upon ten days' notice to 
the parties concerned, except in case of default after 
such notice. 

Sec. 9. Power over rates. — It is hereby made the 
duty of the commissioners to exercise constant dili- 
gence in informing themselves of the rates and charges 
of transportation and transmission companies and 
common carriers engaged in the transportation of 
passengers and property from points in this state to 
points beyond its limits, and from points in other 
states to points in this state; and, whenever it shall 
come to the knowledge of the commission, by com- 
plaint or in any other manner, that the rate charged 
by any transportation or transmission company or 
common carrier, on interstate business is unjust, ex- 



298 Constitution of New Mexico [Art. XI 

cessive or unreasonable, or that such rates discrimi- 
nate against the citizens of the state, and in the judg- 
ment of the commission such complaint is well founded 
and the public welfare involved, the commission shall 
institute and prosecute to a final determination before 
the interstate commerce commission or commerce 
court, or any lawful authority having jurisdiction 
in the premises, such proceedings as it may deem expe- 
dient to obtain such relief as conditions may require. 
Sec. 10. Restriction on common carriers. — No 
transportation or transmission compaii}^ or common 
carrier shall charge or receive any greater compen- 
sation, in the aggregate, for the transportation as 
intrastate commerce of passengers, or a like kind of 
property, or for the transmission of the same kind of 
message, between points in this state, for a shorter 
than a longer distance over the same line or route 
in the same direction, the shorter being included with- 
in the longer distance ; but this section shall not be 
construed as authorizing any such company or com- 
mon carrier to charge or receive as great compensa- 
tion for a shorter as for a longer distance; provided, 
that telegraph and telephone companies may, in cer- 
tain cases, with the approval of the commission, base 
their charges upon the air-line distances instead of 
the distances actually traveled by the messages. The 
commission may from time to time authorize any such 
company or common carrier to disregard the fore- 
going provisions of this section, by charging such rates 
as the commission may prescribe as just and equitable 
between such company or common carrier and the 



Sec. 12] State Corporations 299 

public, to or from any junction or competitive points, 
or localities, or where the competition of points located 
without or within this state may necessitate the pre- 
scribing of special rates for the protection of the 
commerce of this state, or in cases of general epi- 
demics, pestilence, calamitous visitations and other 
exigencies. This section shall not apply to mileage 
tickets or to any special excursion or commutation 
rates; nor to special rates for services rendered in 
the interest of any public or charitable object, when 
such tickets or rates shall have been prescribed or 
authorized by the commission, nor shall it apply to 
special rates for services rendered to the United States 
or this state. 

Sec. 11. Authority over hooks of common carriers. 
— The commission shall have the right at all times to 
inspect the books, papers and records of all such 
companies and common carriers doing business in 
this state, and to require from such companies and 
common carriers from time to time special reports 
and statements, under oath, concerning their busi- 
ness. The commissioners shall have the power to 
administer oaths and to certify to their official acts. 

Sec. 12. Existent corporations must accept this 
constitution. — No corporation in existence at the time 
of the adoption of this constitution shall have the 
benefit of any future legislation, nor shall any amend- 
ment or extension to its charter be granted, until 
such corporation shall have filed in the office of the 
commission an acceptance of the provisions of this 
constitution; provided, however, that whether or not 



300 Constitution of New Mexico [Art. XI 

they file such acceptance, such corporations shall be 
subject to the provisions of this constitution and the 
laws of this state. 

General Provisions 

Sec. 13. General authority of the legislature over 
corporations. — The legislature shall provide for the 
organization of corporations by general law. All laws 
relating to corporations may be altered, amended or 
repealed by the legislature, at any time, when neces- 
sary for the public good and general welfare, and all 
corporations, doing business in this state, may, as to 
such business, be regulated, limited or restrained by 
laws not in conflict with the constitution of the United 
States or of this constitution. 

Sec. 14. Police power of state. — The police power 
of this state is supreme over all corporations as well 
as individuals. 

Sec. 15. Duties of railroads, express companies, etc. 
— Every railroad, car or express company shall re- 
spectively receive and transport, without delay or dis- 
crimination, each other's cars, tonnage and passen- 
gers, under such rules and regulations as may be 
prescribed by the commission. 

Sec. 16. Duties of telegraph and telephone com- 
panies. — All telephone and telegraph lines, operated 
for hire, shall receive and transmit each other's mes- 
sages without delay or discrimination, and make and 
maintain connections with each other's lines, under 
such rules and regulations as may be prescribed by 
the commission. 



See. 2] Education 301 

See. 17. Bight of eminent domain given to rail- 
roads. — Any railroad corporation or association or- 
ganized for the purpose shall have the right to con- 
struct and operate a railroad between any points 
within this state or elsewhere, and to connect at the 
state line or elsewhere with the railroads of other 
states ; and, under such terms, order or permission 
as may be granted in each instance by the commis- 
sion, shall have the right to cause its road to intersect, 
connect with or cross any other railroad. 

Sec. 18. Reserved rights in cases of eminent do- 
main. — The right of eminent domain shall never be 
so abridged or construed as to prevent the legislature 
from taking the property and franchises of incorpo- 
rated companies and subjecting them to the public 
use, the same as the property of individuals. . 

ARTICLE XII— Education 

Section 1. Free puhlic schools. — A uniform sys- 
tem of free public schools sufficient for the education 
of, and open to, all the children of school age in the 
state, shall be established and maintained. 

Sec. 2. Permanent school fund. — The permanent 
school fund of the state shall consist of the proceeds 
of sales of sections two, sixteen, thirty-two and thirty- 
six in each township of the state, or the lands selected 
in lieu thereof; the proceeds of sales of all lands 
that have been or may hereafter be granted to the 
state not otherwise appropriated by the terms and 
conditions of the grant ; such portion of the proceeds 



302 Constitution of New Mexico [Art. XII 

of sales of lands of the United States within the state 
as has been or may be granted by congress; also all 
other grants, gifts and devises made to the state, the 
purpose of which is not otherwise specified. 

Sec. 3. Aid to private schools prohibited. — The 
schools, colleges, universities and other educational 
institutions provided for by this constitution shall 
forever remain under the exclusive control of the 
state, and no part of the proceeds arising from the 
sale or disposal of any lands granted to the state by 
congress, or any other funds appropriated, levied or 
collected for educational purposes, shall be used for 
the support of any sectarian, denominational or pri- 
vate school, college or university. 

Sec. 4. Apportionment of current school fund. — 
All fines and forfeitures collected under general laws ; 
the net proceeds of property that may come to the 
state by escheat; the rentals of all school lands and 
other lands granted to the state, the disposition of 
which is not otherwise provided for by the terms of 
the grant or by act of congress; and the income de- 
rived from the permanent school fund, shall consti- 
tute the current school fund of the state. The legis- 
lature shall provide for the levy and collection of an 
annual tax upon all the taxable property in the state 
for the maintenance of the public schools, the pro- 
ceeds of such tax levy to be added to the current 
school fund above provided for. The current school 
fund shall be distributed among the school districts of 
the state in the proportion that the number of chil- 
dren of school age in each district bears to the total 



Sec. 6] Education 303 

number of such children in the state, and shall pro- 
vide for the levy and collection of additional local 
taxes for school purposes. A public school shall be 
maintained for at least five months in each year in 
every school district in the state. 

Before making the distribution above provided for, 
there shall be taken from the current school fund as 
above created, a sufficient reserve to be distributed 
among school districts in w^hich the proceeds of the 
annual local tax, when levied to the limit allowed by 
law, plus the regular quota of current school funds 
allotted to said district, shall not be sufficient for the 
maintaining of a school for the full period of five 
months, and this reserve fund shall be so distributed 
among such districts as to enable each district to hold 
school for the said period. 

Sec. 5. Compulsory school attendance. — Every child 
of school age and of sufficient physical and mental 
ability shall be required to attend a public or other 
school during such period and for such time as may 
be prescribed by law. 

Sec. 6. State hoard of education. — A state board of 
education is hereby created, to consist of seven mem- 
bers. Tt shall have the control, management and 
direction of all public schools, under such regulations 
as may be provided by law. The governor and the 
state superintendent of public instruction shall be 
ex-officio members of said board and the remaining 
five members shall be appointed by the governor, by 
and with the consent of the senate ; and shall include 
the head of some state educational institution, a 



304 Constitution of New Mexico [Art. XII 

county superintendent of schools, and one other per- 
son actually connected with educational work. The 
legislature may provide for district or other school 
officers, subordinate to said board. 

Sec. 7. Investment of permanent school fund. — 
The principal of the permanent school fund shall be 
invested in the bonds of the State or Territory of 
New Mexico, or of any county, city, town, board of 
education or school district therein. The legislature 
may by three-fourths vote of the members elected to 
each house provide that said funds may be invested 
in other interest-bearing securities. All bonds or 
other securities in which any portion of the school 
fund shall be invested must be first approved by the 
governor, attorney-general and secretary of state. All 
losses from such funds, however occurring, shall be 
reimbursed by the state. 

Sec. 8. Training of teachers in normal schools. — 
The legislature shall provide for the training of 
teachers in the normal schools or otherwise so that 
they may become proficient in both the English and 
Spanish languages, to qualify them to teach Spanish- 
speaking pupils and students in the public schools 
and educational institutions of the state ; and shall 
provide proper means and methods to facilitate the 
teaching of the English language and other branches 
of learning to such pupils and students. 

Sec. 9. No religious test. — No religious test shall 
ever be required as a condition of admission into the 
public schools or any educational institution of this 
state, either as a teacher or student, and no teacher 



Sec. 11] Education 305 

or student of such school or institution shall ever be 
required to attend or participate in any religious 
service whatsoever. 

Sec. 10. Rights of school children of Spanish de- 
scent. — Children of Spanish descent in the State of 
New Mexico shall never be denied the right and privi- 
lege of admission and attendance in the public schools 
or other public educational institutions of the state, 
and they shall never be classed in separate schools, 
but shall forever enjoy perfect equality with other 
children in all public schools and educational insti- 
tutions of the state, and the legislature shall provide 
penalties for the violation of this section. This sec- 
tion shall never be amended except upon a vote of th-e 
people of this state, in an election at which at least 
three-fourths of the electors voting in the whole state 
and at least two-thirds of those voting in each county 
in the state shall vote for such amendment. 

Sec. 11. State educational institutions. — The Uni- 
versity of New Mexico at Albuquerque, the New Mex- 
ico College of Agriculture and Mechanic Arts near 
Las Cruces, the New Mexico School of Mines at So- 
corro, the New Mexico IMilitary Institute at Roswell, 
the New IMexico Normal University at Las Vegas, the 
New Mexico Normal School at Silver City, the Span- 
ish-American School at El Rito, the New Mexico Asy- 
lum for the Deaf and Dumb at Santa Fe, and the 
New Mexico Institute for the Blind at Alamogordo, 
are hereby confirmed as state educational institutions. 
The appropriations made and that may hereafter be 
made to the state by the United States for agricultural 



306 Constitution op New Mexico [Art. XII 

and mechanical colleges and experiment stations in 
connection therewith shall be paid to the New Mexico 
College of Agriculture and Mechanic Arts. 

Sec. 12. Public lands for state institutions. — All 
lands granted under the provisions of the act of con- 
gress, entitled, ''An Act to enable the people of New 
Mexico to form a constitution and state government 
and be admitted into the Union on an equal footing 
with the original states; and to enable the people 
of Arizona to form a constitution and state govern- 
ment and be admitted into the Union on an equal 
footing with the original states," for the purposes of 
said several institutions, are herel)y accepted and con- 
lirmed to said institutions, and shall be exclusively 
used for the purposes for wdiich they were granted; 
provided, that one hundred and seventy thousand 
acres of the land granted by said act for normal 
school purposes are hereby equally apportioned be- 
tween said three normal institutions, and the remain- 
ing thirty thousand acres thereof is [are] reserved 
for a normal school which shall be established by the 
legislature and located in one of the counties of 
Union, Quay, Curry, Roosevelt, Chaves or Eddy. 

Sec. 13. Control of state educational institutions. 
— The legislature shall provide for the control and 
management of each of said institutions by a board of 
regents, for each institution, consisting of five mem- 
bers to be appointed by the governor, by and with 
the advice and consent of the senate, for a term of 
four years, and not more than three of whom shall 
belong to the same political party at the time of their 



Sec. 1] Public Lands 307 

appointment. The duties of said boards shall be pre- 
scribed by law. 

ARTICLE XIII— Public Lands 

Section 1. Public lands defined, and limitation on 
sale thereof. — All lands belonging to the Territory of 
New Mexico, and all lands granted, transferred or 
confirmed to the state by congress, and all lands here- 
after acquired, are declared to be public lands of 
the state to be held or disposed of as may be provided 
by law for the purposes for which they have been or 
may be granted, donated or otherwise acquired; pro- 
vided, that such of school sections two, thirty-two, six- 
teen and thirty-six as are not contiguous to other state 
lands shall not be sold within the period of ten years 
next after the admission of New Mexico as a state for 
less than ten dollars per acre. 

Sec. 2. Duties of commissioner of public lands. — 
The commissioner of public lands shall select, locate, 
classify, and have the direction, control, care and dis- 
position of all public lands, under the provisions of 
the acts of congress relating thereto and such regula- 
tions as may be provided by law. 

ARTICLE XIV— Public Institutions 

Section 1. Reformatory institutions, and hospitals. 
— The Penitentiary at Santa Fe, the Miners' Hospital 
of New Mexico at Raton, the New ^lexico Insane Asy- 
lum at Las Vegas, and the New Mexico Reform School 
at Springer, are hereby confirmed as state institutions. 



308 Constitution of New Mexico [Art. XIV 

Sec. 2. Lands for such institutions. — All lands 
which have been or which may be granted to the state 
by congress for the purpose of said several institu- 
tions are hereby accepted for said several institu- 
tions with all other grants, donations or devises for 
the benefit of the same, and shall be exclusively used 
for the purpose for which they were or may be 
granted, donated or devised. 

Sec. 3. Government of the same. — Each of said 
institutions shall be under the control and manage- 
ment of a board whose title, duties and powers shall 
be as may be provided by law. Each of said boards 
shall be composed of five members who shall hold 
office for the term of four years, and shall be ap- 
pointed by the governor by and with the consent of 
the senate, and not more than three of whom shall 
belong to the same political party at the time of their 
appointment. 

ARTICLE XV — Agriculture and Conservation 

Section 1. Department of agriculture. — There shall 
be a department of agriculture which shall be under 
the control of the board of regents of the College of 
Agriculture and Mechanic Arts; and the legislature 
shall provide lands and funds necessary for experi- 
mental farming and demonstrating by said depart- 
ment. 

Sec. 2. Prevention of forest fires. — The police 
power of the state shall extend to such control of pri- 
vate forest lands as shall be necessary for the preven- 
tion and suppression of forest fires. 



Sec. 2] Agriculture and Conservation 309 

ARTICLE XVI— Irrigation and Water Rights 

Section 1. Existing rights con finned. — All existing 
rights to the use of any waters in this state for any 
useful or beneficial purpose are hereby recognized and 
confirmed. 

Sec. 2. Unappropriated waters. — The unappropri- 
ated water of every natural stream, perennial or tor- 
rential, within the State of New Mexico, is hereby 
declared to belong to the public and to be subject to 
appropriation for beneficial use, in accordance with 
the laws of the state. Priority of appropriation shall 
give the better right. 

Sec. 3. Test of right to ivater. — Beneficial use shall 
be the basis, the measure and the limit of the right to 
the use of water. 

Sec. 4. Drainage system. — The legislature is author- 
ized to provide by law for the organization and oper- 
ation of drainage districts and systems. 

ARTICLE XVII— Mines and Mining 

Section 1. Inspector of mines. — There shall be an 
inspector of mines, who shall be appointed by the gov- 
ernor, by and with the advice and consent of the 
senate, for a term of four years, and whose duties 
and salary shall be as prescribed by law. 

Sec. 2. Control of mines. — The legislature shall 
enact laws requiring the proper ventilation of mines, 
the construction and maintenance of escapement 
shafts or slopes, and the adoption and use of appli- 
ances necessary to protect the health and secure the 



310 Constitution of New Mexico [Art. XVII 

safety of employes therein. No children under the 

age of fourteen years shall be employed in mines. 

* 

ARTICLE XVIII— Militia 

Section 1. Militia and ^'National Guard'' defined. 
— The militia of this state shall consist of all able- 
bodied male citizens between the ages of eighteen and 
forty-five, except such as are exempt by laws of the 
United States or of this state. The organized militia 
shall be called the ' ' National Guard of New Mexico, ' ' 
of which the governor shall be the commander-in- 
chief. 

Sec. 2. Organization and equipment of militia. — 
The legislature shall provide for the organization, dis- 
cipline and equipment of the militia, which shall con- 
form as nearly as practicable to the organization, dis- 
cipline and equipment of the regular army of the 
United States, and shall provide for the maintenance 
thereof. 

Article XIX originally read as follows : 

ARTICLE XIX.— Amendments. 
Section 1. Any amendment or amendments to this consti- 
tution may be proposed in either house of the legislature at 
any regular session thereof, and if two-thirds of all members 
elected to each of the two houses, voting separately, shall vote 
in favor thereof, such proposed amendment or amendments 
shall be entered on their respective journals with the yeas and 
nays thereon; or any amendment or amendments to this con- 
stitution may be proposed at the first regular session of the 
legislature held after the expiration of two years from the 
time this constitution goes into effect, or at the regular session 



Sec. 2] ' Amendments 311 

of the legislature convening each eighth year thereafter, and if 
a majority of all the members elected to each of the two houses 
voting separately at said sessions shall vote in favor thereof, 
such proposed amendment or amendments shall be entered on 
their respective journals with the yeas and nays thereon. The 
secretary of state shall cause any such amendment or amend- 
ments to be published in at least one newspaper in every 
county of the state where a newspaper is published, once each 
week, for four consecutive weeks, the last publication to be not 
less than two weeks prior to the next general election, at which 
time the said amendment or amendments shall be submitted 
to the electors of the state for their approval or rejection. If 
the same be ratified by a majority of the electors voting thereon 
and by an affirmative vote equal to at least forty per centum 
of all the votes cast at said election in the state and in at least 
one-half of the counties thereof, then, and not otherwise, such 
amendment or amendments shall become part of this constitu- 
tion. Not more than three amendments shall be submitted at 
one election, and if two or more amendments are proposed, they 
shall be so submitted as to enable the electors to vote on each 
of them separately; provided, that no amendment shall apply 
to or affect the provisions of sections one and three of article 
seven hereof on Elective Franchise, and sections eight and ten 
of article twelve hereof on Education unless it be proposed by 
vote of three-fourths of the members elected to each house. 

Sec. 2. Whenever, during the first twenty-five years after 
the adoption of this constitution, the legislature by a three- 
fourths vote of the members elected to each house, or after the 
expiration of said period of said twenty-five years by a two- 
thirds vote of the members elected to each house, shall deem 
it necessary to call a convention to revise or amend this con- 
stitution, they shall submit the question of calling such con- 
vention to the electors at the next general election, and if a 
majority of all the electors voting at said election in the state 
and in at least one-half of the counties thereof shall vote in 
favor of calling a convention, the legislature shall at the next 
session provide by law for calling the same. Such convention 



312 Constitution of New Mexico [Art. XIX 

shall consist of at least as many delegates as there are members 
of the house of representatives. 

The constitution adopted by such convention shall have no va- 
lidity until it has been submitted to and ratified by the people. 

Sec. 3. If this constitution be in any way so amended as to 
allow laws to be enacted by direct vote of t]:e ele tors, the 
laws which may be so enacted shall be only such as might be 
enacted by the legislature under the provisions of this con- 
stitution. 

Sec. 4. "When the United States shall consent thereto, the 
legislature, by a majority vote of the members in each house, 
may submit to the people the question of amending any pro- 
vision of Article XXI of this constitution on Compact with the 
United States to the extent allowed by the act of congress 
permitting the same, and if a majority of the qualified electors 
wdio vote ujDon any such amendment shall vote in favor thereof, 
the said article shall be thereby amended accordingly. 

Sec. 5. The provisions of section one of this article shall 
not be changed, altered or abrogated in any manner except 
through a general convention called to revise this constituticn 
as herein provided. 

But at the first state election the constitution was 
amended to read : 

ARTICLE XIX— Amendments 

Section 1. Method of. — Any amendment or amend- 
ments to this constitution, may be proposed in either 
house of the legislature at any regular session thereof, 
and if a majority of all members elected to each of the 
two houses, voting separately, shall vote in favor 
thereof, such proposed amendment or amend:nents 
shall be entered on their respective journals with the 
yeas and nays thereon. The secretary of state shall 
cause any such amendment or amendments to be 



Sec. 1] Amendments 313 

published in at least one newspaper in every county 
of the State, where a newspaper is published once 
each week, for four consecutive weeks, in English and 
Spanish when newspapers in both of said languages 
are published in such counties, the last publication 
to be not more than two weeks prior to the election at 
which time said amendment or amendments shall be 
submitted to the electors of the State for their 
approval or rejection ; and the said amendment or 
amendments shall be voted upon at the next regular 
election held in said State after the adjournment of 
the legislature proposing such amendment or amend- 
ments, or at such special election to be held not less 
than six months after the adjournment of said legis- 
lature, at such time as said legislature may by law 
provide. If the same be ratified by a majority of the 
electors voting thereon such amendment or amend- 
ments shall become part of this constitution. If two 
or more amendments are proposed, they shall be so 
submitted as to enable the electors to vote on each of 
them separately ; Provided, That no amendment shall 
apply to or affect the provisions of sections one and 
three of Article VII hereof, on elective franchise, and 
sections eight and ten of Article XII hereof, on educa- 
tion, unless it be proposed by vote of three-fourths of 
the members elected to each house and be ratified by 
a vote of the people of this State in an election at 
which at least three-fourths of the electors voting in 
the whole State and at least two-thirds of those vot- 
ing in each county in the State shall vote for such 
amendment. 



314 Constitution of New Mexico [Art. XIX 

Sec. 2. Calling convention. — Whenever, during the 
first twenty-five years after the adoption of tliis con- 
stitution, the legislature Ly a three-fourths vote of 
the members elected to each house, or after the expira- 
tion of said period of said twenty-five years by a two- 
thirds vote of the members elected to each house, shall 
deem it necessary to call a convention to revise or 
amend this constitution, they shall submit the ques- 
tion of calling such convention to the electors at the 
next general election, and if a majority of all the 
electors voting on such question at said election in 
the state shall vote in favor of calling a convention, 
the legislature shall at the next session provide by law 
for calling the same. Such convention shall consist 
of at least as many delegates as there are members of 
the house of representatives. 

The constitution adopted by such convention shall 
have no validity until it has been submitted to and 
ratified by the people. 

Sec. 3. Restriction in amendments. — If this con- 
stitution be in any way so amended as to allow laws 
to be enacted by direct vote of the electors, the laws 
which may be so enacted shall be only such as might 
be enacted by the legislature under the provisions of 
this constitution. 

Sec. 4. Permission to submit amenclment. — When 
the United States shall consent thereto, the legisla- 
ture, by a majority vote of the members in each house, 
may submit to the people the question of amending 
any provision of Article XXI of this constitution on 
Compact with the United States to the extent allowed 



See. 4] Miscellaneous 315 

by the act of congress permitting the same, and if a 
majority of the qualified electors who vote upon any 
such amendment shall vote in favor thereof, the said 
article shall be thereby amended accordingly. 

Sec. 5. Restriction. — The provisions of section one 
of this article shall not be changed, altered or abro- 
gated in any manner except through a general conven- 
tion called to revise this constitution as herein pro- 
vided. 

ARTICLE XX— M'scellaneous 

Section 1. Oath of officers. — Every person elected 
or appointed to any office shall, before entering upon 
his duties, take and subscribe to an oath or affirmation 
that he will support the Constitution of the United 
States and the constitution and laws of this state, and 
that he will faithfully and impartially discharge the 
duties of his office to the best of his ability. 

Sec. 2. Officer holds until successor qualifies. — 
Every officer, unless removed, shall hold his office 
until his successor has duly qualified. 

Sec. 3. Beginning of term of every elected officer. 
— The term of office of every state, county or district 
officer, except those elected at the first election held 
under this constitution, and those elected to fill vacan- 
cies, shall commence on the first day of January next 
after his election. 

Sec. 4. Filling of certain vacancies. — If a vacancy 
occur in the office of district attorney, judge of the 
supreme or district court, or county commissioner, the 
governor shall fill such vacancy by appointment, and 



316 Constitution of New Mexico [Art. XX 

such appointee shall hold such office until the next 
general election. His successor shall be chosen at such 
election and shall hold his office until the expiration of 
the original term. 

Sec. 5. Vacancies in appointive offices. — If, while 
the senate is not in session, a vacancy occur in any 
office the incumbent of which was appointed by the 
governor by and with the advice and consent of the 
senate, the governor shall appoint some qualified per- 
son to fill the same until the next session of the senate ; 
and shall then appoint by and with the advice and 
consent of the senate some qualified person to fill said 
office for the period of the unexpired term. 

Sec. 6. General elections. — General elections shall 
be held in the state on the Tuesday after the first 
]\Ionday in November in each even numbered year. 

Sec. 7. Canvass of returns. — The returns of all 
elections for officers who are chosen by the electors 
of more than one county shall be canvassed by the 
county canvassing board of each county as to the vote 
within their respective counties. Said board shall 
immediately certify the number of votes received by 
each candidate for such office within such county, to 
the state canvassing board herein established, which 
shall canvass and declare the result of the election. 

Sec. 8. First state election. — In the event that 
New I\Iexico is admitted into the Union as a state 
prior to the Tuesday next after the first Monda}^ in 
November in the year nineteen hundred and twelve, 
and if no provision has been made by the state legis- 
lature therefor, an election shall be held in the state 



Sec. 14] Miscellaneous 317 

on the said Tuesday next after the first Monday in 
November, nineteen hundred and twelve, for the elec- 
tion of presidential electors; and such election shall 
be held as herein provided for the election upon the 
ratification of this constitution, and the returns 
thereof made to, and canvassed and certified by, the 
state canvassing board as herein provided in case of 
the election of state officers. 

Sec. 9. Officers receive salary only. — No officer of 
the state who receives a salary shall accept or receive 
to his own use any compensation, fees, allowance, or 
emoluments for or on account of his office, in any 
form whatever, except the salary provided by law. 

Sec. 10. Employment of children. — The legisla- 
ture shall enact suitable laws for the regulation of the 
employment of children. 

Sec. 11. Women may hold certain appointive 
offices. — Women may hold the office of notary pub- 
lic and such other appointive offices as may be pro- 
vided by law. 

Sec. 12. Hoio laws shall he published. — For the 
first twenty years after this constitution goes into 
effect all laws passed by the legislature shall be pub- 
lished in both the English and Spanish languages and 
thereafter such publication shall be made as the legis- 
lature may provide. 

Sec. 13. Wines for sacramental purposes. — The 
use of wines solely for sacramental purposes under 
church authority at any place within the state shall 
never be prohibited. 

Sec. 14. Passes prohibited. — It shall not be lawful 



318 Constitution of New Mexico [Art. XX 

for the governor, any member of the state board of 
equalization, any member of the corporation commis- 
sion, any judge of the supreme or district court, any 
district attorney, any county commissioner or any 
county assessor, during his term of office to accept, 
hold or use any free pass; or purchase, receive or 
accept transportation over any railroad within this 
state for himself or his family upon terms not open 
to the general public; and any person violating the 
provisions hereof shall, upon conviction in a court 
of competent jurisdiction, be punished as provided 
in sections thirty-seven and forty of the article on 
legislative department in this constitution. 

Sec. 15. Employment of convicts. — The peniten- 
tiary is a reformatory and an industrial school, and 
all persons confined therein shall, so far as consistent 
with discipline and the public interest, be employed 
in some beneficial industry; and where a convict has 
a dependent family, his net earnings shall be paid to 
said family if necessary for their support. 

Sec. 16. Liability of corporations. — Every person, 
receiver or corporation owning or operating a railroad 
within this state shall be liable in damages for injury 
to, or the death of, any person in its employ, resulting 
from the negligence, in whole or in part, of said owner 
or operator or of any of the officers, agents or em- 
ployes thereof, or by reason of any defect or insuffi- 
ciency, due to its negligence, in whole or in part, in 
its cars, engines, appliances, machinery, track, road- 
bed, works or other equipment. 

An action for negligently causing the death of an 



Sec. 20] Miscellaneous 319 

employe as above provided shall be maintained by 
the executor or administrator for the benefit of the 
employe 's surviving widow or husband and children ; 
or if none, then his parents ; or if none, then the next 
of kin dependent upon said deceased. The amount 
recovered may be distributed as provided by law. 
Any contract or agreement made in advance of such 
injury with any employe waiving or limiting any 
right to recover such dama'ges shall be void. 

This provision shall not be construed to affect the 
provisions of section two of article twenty-two of this 
constitution, being the article upon Schedule. 

Sec. 17. Uniform system of textbooks. — There 
shall be a uniform system of textbooks for the public 
schools which shall not be changed more than once 
in six years. 

Sec. 18. Leasing of convict labor. — The leasing of 
convict labor by the state is hereby prohibited. 

Sec. 19. Eight hours a day's work. — Eight hours 
shall constitute a day's work in all cases of employ- 
ment by and on behalf of the state or any county or 
municipality thereof. 

Sec. 20. An indictment may be waived. — Any per- 
son held by a committing magistrate to await the ac- 
tion of the grand jury on a charge of felony or other 
infamous crime, may in open court with the consent 
of the court and the district attorney, to be entered 
upon the record, waive indictment and plead to an 
information in the form of an indictment filed by the 
district attorney, and further proceedings shall then 
be had upon said information with like force and 



320 Constitution of New Mexico [Art. XXI 

effect as though it were an indictment duly returned 
by the grand jury. 



ARTICLE XXI— Compact with the United States 

In compliance with the requirements of the act of 
congress, entitled, ''An Act to enable the people of 
New Mexico to form a constitution and state govern- 
ment and be admitted into the Union on an equal foot- 
ing with the original states; and to enable the people 
of Arizona to form a constitution and state govern- 
ment and be admitted into the Union on an equal 
footing with the original states," approved June 
twentieth, nineteen hundred and ten, it is hereby 
provided: 

Section 1. Religious freedom; polygamous mar- 
riage forbidden; liquor must not he sold to Indians. — 
Perfect toleration of religious sentiment shall be 
secured and no inhabitant of this state shall ever 
be molested in person or property on account of his 
or her mode of religious worship. Polygamous or 
plural marriages, polygamous cohabitation, and the 
sale, barter, or giving of intoxicating liquors to In- 
dians, the introduction of such liquors into the Indian 
country, which term shall also include alllands owned 
or occupied by the Pueblo Indians of New Mexico on 
the twentieth day of June, nineteen hundred and ten, 
or which are occupied by them at the time of the 
admission of New Mexico as a state, are forever pro- 
hibited. 

Sec. 2. The national government's rights to cer- 



Sec. 3] Compact With United States 321 

tain lands recognized. — The people inhabiting this 
state do agree and declare that they forever disclaim 
all right and title to the unappropriated and un- 
granted public lands lying within the boundaries there- 
of, and to all lands lying within said boundaries owned 
or held by any Indian or Indian tribes, the right or 
title to which shall have been acquired through the 
United States, or any prior sovereignty ; and that until 
the title of such Indian or Indian tribes shall have been 
extinguished, the same shall be and remain subject 
to the disposition and under the absolute jurisdiction 
and control of the Congress of the United States ; that 
the lands and other property belonging to citizens of 
the United States residing without this state shall 
never be taxed at a higher rate than the lands and 
other property belonging to residents thereof ; that no 
taxes shall be imposed by this state upon lands or 
property therein belonging to or which may hereafter 
be acquired by the United States or reserved for its 
use ; but nothing herein shall preclude this state from 
taxing as other lands and property are taxed, any 
lands and other property outside of an Indian reser- 
vation, owned or held by any Indian, save and except 
such lands as have been granted or acquired as afore- 
said, or as may be granted or confirmed to any Indian 
or . Indians under any act of congress ; but all such 
lands shall be exempt from taxation by this state so 
long and to such extent as the Congress of the United 
States has prescribed or may hereafter prescribe. 

Sec. 3. State assumes certain debts.— The debts 
and liabilities of the Territory of New Mexico, and the 



322 Constitution of New Mexico [Art. XXI 

debts of the counties thereof, which were valid and 
subsisting on the twentieth day of June, nineteen hun- 
dred and ten, are hereby assumed and shall be paid 
by this state ; and this state shall as to all such debts 
and liabilities, be subrogated to all the rights, includ- 
ing rights of indemnity and reimbursement, existing 
in favor of said territory or of any of the several 
counties thereof on said date. Nothing in this article 
shall be construed as validating or in any manner 
legalizing any territorial, county, municipal or other 
bonds, warrants, obligations, or evidences of indebted- 
ness of, or claims against, said territory or any of the 
counties or municipalities thereof which now are or 
may be, at the time this state is admitted, invalid and 
illegal ; nor shall the legislature of this state pass any 
law in any manner validating or legalizing the same. 
Sec. 4. Puhlic schools. — Provision shall be made 
for the establishment and maintenance of a system of 
public schools which shall be open to all the children 
of the state and free from sectarian control, and said 
schools shall always be conducted in English. 
Section five originally read as follows: 
Sec. 5. This state shall never enact any law restricting or 
abridging the right of suffrage on account of race, color or 
previous condition of servitude; and in compliance with the 
requirements of the said act of congress, it is hereby provided 
that ability to read, write, speak and understand the English 
language sufficiently well to conduct the duties of the office 
without the aid of an interpreter, shall be necessary qualifica- 
tion for all state officers and members of the state legislature. 

But on November 5, 1912, section five was amended 
to read as follows: 



Sec. 8] Compact With United States 323 

Sec. 5. Eight of suffrage. — Tliis state shall never 
enact any law restricting or abridging the right of 
suffrage on account of race, color or previous condition 
of servitude. 

Sec. 6. The capital. — The capital of this state 
shall, until changed by the electors voting at an elec- 
tion provided for by the legislature of this state for 
that purpose, be at the city of Santa Fe, but no such 
election shall be called or provided for prior to the 
thirty-first day of December, nineteen hundred and 
twenty-five. 

Sec. 7. Reclamations. — There are hereby reserved 
to the United States, with full acquiescence of the 
people of this state, all rights and powers for the 
carrying out of the provisions by the United States of 
the act of congress, entitled, ''An Act appropriating 
the receipts from the sale and disposal of public lands 
in certain states and territories to the construction of 
irrigation works for the reclamation of arid lands,*' 
approved June seventeenth, nineteen hundred and 
two, and acts amendatory thereof or supplementary 
thereto, to the same extent as if this state had re- 
mained a territory. 

Sec. 8. "Indian" and ''Indian country" defined. 
— Whenever hereafter any of the lands contained 
within Indian reservations or allotments in this state 
shall be allotted, sold, reserved or otherwise disposed 
of, they shall be subject for a period of twenty-five 
years after such allotment, sale, reservation or other 
disposal, to all the laws of the United States pro- 
hibiting the introduction of liquor into the Indian 



324 Constitution of New Mexico [Art. XXII 

country; and the terms ''Indian" and ''Indian coun- 
try ' ' shall include the Pueblo Indians of New Mexico 
and the lands owned or occupied by them on the 
twentieth day of June, nineteen hundred and ten, or 
which are occupied by them at the time of the admis- 
sion of New Mexico as a state. 

Sec. 9. Land grants accepted. — This state and its 
people consent to all and singular the provisions of 
the said act of congress, approved June twentieth, 
nineteen hundred and ten, concerning the lands by 
said act granted or confirmed to this state, the terms 
and conditions upon which said grants and confirma- 
tions were made and the means and manner of enforc- 
ing* such terms and conditions, all in every respect 
and particular as iii said act provided. 
-'See. 10. Congress must agree to change of this 
compact: — This ordinance is irrevocable without the 
consent of the United States and the people of this 
state, and no change or abrogation of this ordinance, 
in whole or in part, Shall be made by any constitu- 
tional amendment without the consent of congress. 

ARTICLE XXII— Schedule 

That no inconvenience may arise by reason of the 
change from a territorial to a state form of govern- 
ment, it is declared and ordained: 

Section 1. When constitution took effect. — This 
constitution shall take effect and be in full force im- 
mediately upon the admission of New Mexico into the 
Union as a state. 



Sec. 4] Schedule 325 

Sec. 2. Adopting a cet'tain law of congress. — Until 
otherwise provided by law, the act of congress of the 
United States, entitled, ''An Act relating to liability 
of common carriers, by railroads to their employes in 
certain cases,'* approved April twenty-second, nine- 
teen hundred and eight, and all acts amendatory 
thereof, shall be and remain in force in this state to 
the same extent that they have been in force in the 
Territory of New ]\lexico. 

Sec. 3. Adopting another laiv of congress. — Until 
otherwise provided by law, the act of congress, enti- 
tled, ''An Act for the protection of the lives of 
miners,'' approved IMarch third, eighteen hundred 
and ninety-one, and all acts amendatory thereof, shall 
be and remain in force in this state to the same extent 
that they have been in force in the Territory of New 
Mexico, the words "Governor of the State," are 
hereby substituted for the words "Governor of such 
organized territory;" and for the words" Secretary 
of the Interior" wherever the same appear in said 
acts; and the chief mine inspector for the Territory 
of New Mexico, appointed by the President of the 
United States, is hereby authorized to perform the 
duties prescribed by said acts until superseded by 
the "inspector of mines" appointed by the governor, 
as elsewhere provided by the constitution, and he 
shall receive the same compensation from the state as 
he received from the United States. 

Sec. 4. Territorial laws to remain in effect. — All 
laws of the Territory of New IMexico in force at the 
time of its admission into the Union as a state, not 



326 Constitution of New Mexico [Art. XXII 

inconsistent with this constitution, shall be and remain 
in force as the laws of the state until they expire by 
their own limitation, or are altered or repealed ; and 
all rights, actions, claims, contracts, liabilities and 
obligations shall continue and remain unaffected by 
the change in the form of government. 

Sec. 5. Extension of pardoning powers. — The par- 
doning power herein granted shall extend to all per- 
sons who have been convicted of offenses against the 
laws of the Territory of New Mexico. 

Sec. 6. Territorial property becomes state prop- 
erty. — All property, real and personal, and all 
moneys, credits, claims and choses in action belong- 
ing to the Territory of New Mexico, shall become 
the property of this state; and all debts, taxes, 
fines, penalties, escheats and forfeitures, which have 
accrued or may accrue to said territor^^, shall inure 
to this state. 

Sec. 7. Validations of bonds, etc. — All recogni- 
zances, bonds, obligations and undertakings entered 
into or executed to the Territory of New Mexico, or 
to any county, school district, municipality, officer or 
official board therein, shall remain valid according to 
the terms thereof, and may be sued upon and recov- 
ered by the proper authority under the state law. 

Sec. 8. Processes and judgments remain in force. — 
All lawful process, writs, judgments, decrees, con- 
victions and sentences issued, rendered, had or pro- 
nounced, in force at the time of the admission of the 
state, shall continue and remain force to the same 
extent as if the change of government had not oc- 



Sec. 10] Schedule 327 

curred, and shall be enforced and executed under the 
laws of the state. 

Sec. 9. Courts and officers to hold until properly 
superseded. — All courts existing, and all persons hold- 
ing offices or appointments under authority of said 
territory, at the time of the admission of the state, 
shall continue to hold and exercise their respective 
jurisdictions, functions, offices and appointments until 
superseded by the courts, officers, or authorities pro- 
vided for by this constitution. 

Until otherwise provided by law, the seal of the ter- 
ritory shall be used as the seal of the state, and the 
seals of the several courts, officers and official boards 
in the territory shall be used as the seals of the corre- 
sponding courts, officers and official boards in the 
state ; and for any new court, office or board created 
by this constitution, a seal may be adopted by the 
judge of said court, or the incumbent of said office, or 
by the said board. 

Sec. 10. Transfer of criminal and civil actions. — 
All suits, indictments, criminal actions, bonds, process, 
matters and proceedings pending in any of the courts 
in the Territor}^ of New Mexico at the time of the 
organization of the courts provided for in this con- 
stitution shall be transferred to and proceed to deter- 
mination in such courts of like or corresponding juris- 
diction. And all civil causes of action and criminal 
offenses which shall have been commenced, or indict- 
ment found, shall be subject to action, prosecution, 
indictment and review in the proper courts of the 
state, in like manner and to the same extent as if the 



328 Constitution of New Mexico [Art. XXII 

state had been created and said courts established 
prior to the accrual of such causes of action and the 
commission of such offenses. 

Sec. 11. Signing of the constitution. — This consti- 
tution shall be signed by the president and secretary 
of the constitutional convention, and such delegates 
as desire to sign the same, and shall be deposited in 
the office of the secretary of the territory, where it 
may be signed at any time by any delegate. 

Sec. 12. Latvful debts of counties to remain valid. 
— All lawful debts and obligations of the several coun- 
ties of the Territory of New Mexico not assumed by 
the state, and of the school districts, municipalities, 
irrigation districts and improvement districts, therein, 
existing at the time of its admission as a state,' shall 
remain valid and unaffected by the change of govern- 
ment, until paid or refunded according to law; and 
all counties, municipalities and districts in said ter- 
ritory shall continue with the same names, bounda- 
ries and rights until changed in accordance wdth the 
constitution and laws of the state. 

Sec. 13. This constitution must he submitted to the 
people. — This constitution shall be submitted to the 
people of New Mexico for ratification at an election 
to be held on the twenty-first day of January, nine- 
teen hundred and eleven, at which election the quali- 
fied voters of New Mexico shall vote directly for or 
against the same, and the governor of the Territory 
of New Mexico shall forthwith issue his proclamation 
ordering said election to be held on said day. 

Except as to the manner of making returns of said 



Sec. 16] Schedule 329 

election and canvassing and certifying the result 
thereof, said election shall be held and conducted in 
the manner prescribed by the laws of New Mexico 
now in force. • 

Sec. 14. Method of submission. — The ballots cast 
at said election in favor of the ratification of this con- 
stitution shall have printed or written thereon in both 
English and Spanish the words ''For the Constitu- 
tion;" and those against the ratification of the con- 
stitution shall have written or printed thereon in both 
English and Spanish the word "Against the Consti- 
tution;" and shall be counted and returned accord- 
ingly. 

Sec. 15. Canvass of vote. — The returns of said 
election shall be made by the election officers direct 
to the secretary of the Territory of New Mexico at 
Santa Fe, who, with the governor and the chief jus- 
tice of said territory, shall constitute a canvassing 
board, and they, or any two of them, shall meet at 
said city of Santa Fe on the third Monday after said 
election and shall canvass the same. Said canvassing 
board shall make and file with the secretary of the 
■ Territory of New Mexico a certificate signed by at 
least two of them, setting forth, the number of votes 
east at said election for or against the constitution, 
respectively. 

Sec. 16. Constitution ivas sent to President and 
congress. — If a majority of the legal votes cast at said 
election as certified to by said canvassing board shall 
be for the constitution, it shall be deemed to be duly 
ratified by the people of New Mexico, and the secre- 



330 Constitution of New Mexico [Art. XXII 

tary of the Territory of New Mexico shall forthwith 
cause to be submitted to the President of the United 
States and to congress, for approval, a certified copy 
of this constitution, together with the statement of the 
votes cast thereon. 

Sec. 17. Duty of governor when admission is com- 
plete. — If congress and the President approve this 
constitution, or if the President approves the same 
and congress fails to disapprove the same during the 
next regular session thereof, the governor of New 
Mexico shall, within thirty days after receipt of noti- 
fication from the President certifying said facts, issue 
his proclamation for an election at which officers for 
a full state government, including a governor, county 
officers, members of the state legislature, two repre- 
sentatives in congress to be elected at large from the 
state, and such other officers as this constitution pre- 
scribes, shall be chosen by the people; said election 
to take place not earlier than sixty days nor later than 
ninety days after the date of said proclamation by the 
governor ordering the same. 

Sec. 18. Result of first election. — Said last men- 
tioned election shall be held, the returns thereof made, 
canvassed and certified to by the secretary of said 
territory, in the same manner, and the same laws, 
including those as to qualifications of electors, shall be 
applicable thereto, as hereinbefore prescribed for hold- 
ing, making of the returns, canvassing and certifying 
the same, of the election for the ratification or rejec- 
tion of this constitution. 

When said election of state and county officers, mem- 



See. 20] Schedule ^ 331 

bers of the legislature, representatives in congress, 
and other officers provided for in this constitution, 
shall be held and the returns thereof made, can- 
vassed and certified as hereinbefore provided, the 
governor of the Territory of New Mexico shall imme- 
diately certify the result of said election, as canvassed 
and certified as hereinbefore provided, to the Presi- 
dent of the United States. 

Sec. 19. Assumption of duties. — ^Within thirty days 
after the issuance by the President of the United 
States of his proclamation announcing the result of 
naid election so ascertained, all officers elected at such 
election, except members of the legislature, shall take 
the oath of office and give bond as required by this 
constitution, or by the laws of the Territory of New 
IMexico in case of like officers in the territory, county 
or district, and shall thereupon enter upon the duties 
of their respective offices ; but the legislature may by 
law require such officers to give other or additional 
bonds as a condition of their continuance in office. 

Sec. 20. First legislative assembly. — The governor 
of the state, immediately upon his qualifying and en- 
tering upon the duties of his office, shall issue his 
proclamation convening the legislature at^ the seat of 
government on a day to be specified therein, not less 
than thirty nor more than sixty days after the date 
of said proclamation. 

The members-elect of the legislature shall meet on 
the day specified, take the oath required by this con- 
stitution, and within ten days after organization shall 
proceed to the election of two senators of the United 



332 Constitution of New Mexico [Art. XXII 

States for the State of New IMexico, in the manner 
prescribed by the constitution and laws of the UniU J 
States; and the governor and secretary of the State 
of New Mexico shall certify the election of the sen- 
ators and representatives in congress in the manner 
required by law. 

Sec. 21. Legislation required to make constitution 
effective. — The legislature shall pass ail necessary laws 
to carry into effect the provisions of this constitution. 

Sec. 22. Term of first officers. — The term of office 
of all officers elected at the election aforesaid shall 
commence on the date of their qualification and shall 
expire at the same time as if they had been elected 
on the Tuesday next after the first jMonday of Novem- 
ber in the year nineteen hundred and twelve. 

LIST OF MEMBERS OF STATEHOOD CONVENTION, 1910 

Francis E. Wood, Herbert F. Raynolds, Nestor 
Montoya, E. S. Stover, A. A. Sedillo, M. L. Stern, 
Anastacio Gutierrez, H. B. Fergusson, Green B. Pat- 
terson, G. A. Richardson, John I. Hinkle, Emmett 
Patten, C. J. Roberts, Norman Bartlett, Geo. Brown, 
T. H. O'Brien, Chas. Springer, Francisco Gauna, 
T. J. Mabry, J. W. Childers, Frank W. Parker, 
Isidoro Armijo, W. E. Garrison, C. E. Miller, LI. 
P. Skeen, C. R. Price, W. D. Murray, A. H. 
Harllee, J. B. Gilchrist, W. B. Walton, J. G. Clancy, 
Raymond Harrison, Salome Martinez, Tranquilino 
Labadie, John Capping, J. J. Aragon, A. H. Hud- 
speth, J. N. Upton, George Page, Juan Navarro, 
Daniel Cassidy, Anastacio Medina, Emanuel Lucero, 



Schedule 333 

Fred S. Brown, A. B. Fall, C. C. Vigil, F. C. Fields, 
G. W. Baker, J. A. Lawson, George E. Moffett, Reed 
Holloman, Charles Kohn, C. F. Saxon, J. L. House, 
C. C. Davis, T. D. Burns, V. Jaramillo, J. A. Lucero, 
Perfecto Esquivel, Samuel Eldodt, J. H. Crist, W. E. 
Lindsey, James Hall, Alejandro Sandoval, Epimenio 
Miera, R. W. Heflin, M. D. Taylor, C. M. Crampton, 
J. M. Cunningham, H. W. Kelly, S. B. Davis, A. 
Roybal, Luciano Maes, C. A. Spiess, E. Romero, 
Margarito Romero, N. Segura, T. B. Catron, J. D. 
Sena, G. W. Prichard, B. F. Pankey, V. Ortega, 
F. H. Winston, E. D. Titman, A. Abeytia, F. Romero, 
H. 0. Bursum, H. M. Dougherty, 0. G. Martinez, 
W. Mcintosh, A. B. Macdonald, Acasio Gallegos, E. 
Gallegos, Solomon Luna, J. Becker, Silvestre 
Miraval. 

CERTIFICATION 

Done in open convention at the city of 
Santa Fe, in the Territory of New Mexico, 
this twenty-first day of November, in the year 
of our Lord, one thousand nine hundred and 
ten. 

(Signed) CHARLES A. SPIESS, 
President of the Constitutional Convention. 
(Signed) GEORGE W. ARMIJO, 

Secretary. 



334 Constitution of New Mexico 

Proposed Amendments. — The second session of the 
first legislature approved three amendments which 
the people will vote for or against at the election to 
be held November 3, 1914. These amendments are 
placed here so that, if they are ratified by the people, 
the student may have access to them. Spaces are 
left for the students to record the vote of the people 
for and against each amendment. 

ARTICLE X. 

Section 2. All county officers shall be elected for 
a term of two years, and after having served two 
consecutive terms, shall be ineligible to hold any 
county office for two years thereafter. 

Vote for ' 

Vote against 

Amendment was carried. 

ARTICLE VIII 

TAXATION AND REVENUE 

Section 1. Taxes levied upon tangible property 
shall be in proportion to the value thereof, and taxes 
shall be equal and uniform upon subjects of taxation 
of the same class. 

Sec. 2. Taxes levied upon real or personal prop- 
erty for state revenue shall not exceed four mills 
annually on each dollar of the assessed valuation 



Amendments 335 

thereof except for the support of the educational, 
penal and charitable institutions of the state, pay- 
ment of the state debt and interest thereon; and the 
total annual tax levy upon such property for all 
state purposes exclusive of necessary levies for the 
state debt shall not exceed ten mills. 

Sec. 3. The property of the United States, the 
state and all counties, towns, cities and school dis- 
tricts, and other municipal corporations, public 
libraries, community ditches and all laterals thereof, 
all church property, all property used for educational 
or charitable purposes, all cemeteries not used or 
held for private or corporate profit, and all bonds of 
the State of New Mexico, and of the counties, munici- 
palities and districts thereof, shall be exempt from 
taxation. 

Sec. 4. Any public officer making any profit out 
of public monies or using the same for any purpose 
not authorized by law, shall be deemed guilty of a 
felony and shall be punished as provided by law, and 
shall be disqualified to hold public office. All public 
monies not invested in interest bearing securities shall 
be deposited in national banks in this state or in 
banks or trust companies incorporated under the 
laws of the state, and the interest derived therefrom 
shall be applied in the manner prescribed by law. 

Sec. 5. The legislature may exempt from taxation 
property of each head of a family to the amount of 
two hundred dollars. 

Sec. 6. Lands held in large tracts shall not be 
assessed for taxation at any lower value per acre 



336 Constitution of New Mexico 

then [than] lands of the same character or quality 
and similarly situated, held in small tracts. The 
plowing of land shall not be considered as adding 
value thereto for the purpose of taxation. 

Sec. 7. No execution shall issue upon any judg- 
ment rendered against the board of county commis- 
sioners of any county, or against any incorporated 
city, town or village, school district or board of educa- 
tion; or against any officer of any county, incor- 
porated city, town or village, school district or board 
of education, upon any judgment recovered against 
him in his official capacity and for which the county, 
incorporated city, town or village, school district or 
board of education, is liable, but the same shall be 
paid out of the proceeds of a tax levy as other liabili- 
ties of counties, incorporated cities, towns or villages, 
school districts or boards of education, and when so 
collected shall be paid by the county treasurer to the 
judgment creditor. 

Vote for 

Vote against 

Amendment was carried. 

ARTICLE V 

Section 1. The executive department shall consist 
of a governor, lieutenant-governor, secretary of state, 
state auditor, state treasurer, attorney-general, super- 
intendent of public instruction and commissioner 



Amendments 337 

or [of] public land, who shall be elected for the term 
of two years beginning on the first day of January 
next after their election. 

Such officers shall, after having served two con- 
secutive terms, be ineligible to hold any state office 
for two years thereafter. 

The officers of the executive department, except 
the lieutenant-governor, shall during their terms of 
office, reside and keep the public records, books 
papers and seals of office at the seat of government.' 

Vote for 

Vote against 

Amendment was carried. 



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